The High Court of Jharkhand disposed of a civil revision as the relief sought (restoration of electricity) had already been granted by JUSCO during the pendency of the appeal, rendering the matter academic.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI C.R. No. 33 of 2015 with I.A. No. 5308 of 2018
(a) Anand Kumar
(d) Shobha Devi
(e) Jyoti Kumari ..... … Petitioners.
Versus
Sadhan Chandra Paul ...…. … Opposite Party. --------
CORAM : HON’BLE MR. JUSTICE H. C. MISHRA
-----For the Petitioners : Mr. D.K. Chakraverty, Advocate. For the Opposite Party : Ms Amrita Sinha, Advocate. --------
08/ 01.03.2019 Heard learned counsels for the parties.
This revision has been filed against the order dated 15.5.2015 passed by the learned District Judge-IV, Jamshedpur, in Misc. Appeal No. 6 of 2014, whereby the said miscellaneous appeal has been allowed, setting aside the order dated 9.4.2014, passed by the Trial Court below, in Title Suit No. 3 of 2014, rejecting the prayer for ad-interim injunction for restoring the electricity connection in the tenanted premises of the plaintiff, and the electricity connection was ordered to be restored in the tenanted premises.
Admittedly the plaintiff is a tenant of the suit premises, and the defendant / substituted petitioners are the landlords, and it is also an admitted case that the electricity was supplied in the suit premises through JUSCO. According to the plaintiff’s case, the electricity connection was disconnected at the prayer of the defendant for forcibly ejecting the tenant from the tenanted premises, whereas, according to the defendant’s case, the electricity connection was not disconnected on his prayer, rather it was disconnected by the JUSCO due to non-payment of the arrears. It is also an admitted position that the JUSCO was not made a party in the said title suit.
As on today, it is admitted by learned counsels for both the sides that the electricity connection has since been restored by the JUSCO in the tenanted premises.
In that view of the matter nothing survives to be decided in this civil revision.
This civil revision is, accordingly, disposed of. Consequently, the interlocutory application, which was filed for stay of the impugned order also stands disposed of.
Amitesh/-
Anand Kumar
Amit Kumar
Chandan Kumar
Shobha Devi
Jyoti Kumari
Sadhan Chandra Paul
H. C. MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
