Miscellaneous petition seeking to modify a prior order to direct the trial court to take up a restoration of electricity supply application examined. The Court held that such a request is beyond the scope of the Code of Civil Procedure and cannot be granted by way of modification. The petition was dismissed.
The Miscellaneous Petition was dismissed.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Friday, the Twenty Fourth day of March Two Thousand and Seventeen PRESENT
The Hon`ble Dr.Justice G.JAYACHANDRAN
CMP(MD) No.2679 of 2017 IN CRP(MD) No.175 of 2017
1 MAJITHA BEGUM W/O. DOWLATH ALI, NO.6, BEGUM PALLIVASAL, TIRUCHIRAPPALLI. ... PETITIONER in CMP(MD)2679/2017 Vs
SHEIK MODEEN (DIED) 1 RAZIA BEGUM, W/O. LATE SHEIK MOIDEEN, D. NO.6, BEGUM PALLIVASAL STREET, TIRUCHIRAPPALLI.
2 RAHMATHUNNISSA D/O. LATE SHEIK MOIDEEN, D.NO.6, BEGUM PALLIVASAL STREET, TIRUCHIRAPPALLI.
3 JAMAL S/O. LATE SHEIK MOIDEEN, D.NO.6, BEGUM PALLIVASAL STREET, TIRUCHIRAPPALLI.
4 RABIA D/O. LATE SHEIK MOIDEEN, D.NO.6, BEGUM PALLIVASAL STREET, TIRUCHIRAPPALLI.
5 IDHAYATHULLAH S/O. LATE SHEIK MOIDEEN, D.NO.6, BEGUM PALLIVASAL STREET, TIRUCHIRAPPALLI.
6 LIYAKATH ALI S/O. LATE SHEIK MOIDEEN, D.NO.6, BEGUM PALLIVASAL STREET, TIRUCHIRAPPALLI. ... RESPONDENTS in CMP(MD)2679/2017
Prayer in CMP(MD)2679/2017:
To modify the order dated 27.1.2017 passed in C.R.P.(MD). No.175 of 2017 by giving suitable directions to take up the https://hcservices.ecourts.gov.in/hcservices/ petitioners application for restoration of electricity supply in I.A.No.109/2017 in O.S.No.467 of 2011 on the file of the I
Additional District Munsifs Court, Trichirappalli and thus render justice.
Prayer in CRP(MD). 175/ 2017 :
To direct the I Additional District Munsif Court, Tiruchirappalli to dispose the OS.No.467 of 2011 in a time bound manner as fixed by this Honourable Court and allow the same.
ORDER : This petition coming on for hearing on this day upon perusing the petition and affidavit and material papers of this petition and upon hearing the arguments of Mr.R.SUBRAMANIAN, Advocate for the petitioner and Mr.B.S.Senthil, Advocate for the Respondents this court made the following order:-
The present petition is filed to modify the order dated 27.01.2017 passed in C.R.P.(MD).No.175 of 2017 by giving suitable directions to take up the petitioner's application for restoration of electricity supply on the ground that the interlocutory application for restoration of electricity supply is pending. Therefore, the order passed by this Court on 27.01.2017 is to be modified to the effect that the trial Court should pass suitable direction in the application taken out by the defendant in I.A.No.109 of 2017 in O.S.No.467 of 2011 for restoration of electricity supply.
Sd/-
Assistant Registrar (RTI)
/True copy/
Sub Assistant Registrar
TO
The I Additional District Munsif, Trichy. Copy To:
The Record Keeper,V.R Section,
Madurai Bench of Madras High Court, Madurai
+1. C.C. to M/S.R.SUBRAMANIAN Advocate SR.No.17924/2017. AKV
PSM/RR/25.04.2017/2P/4C
ORDER DATED: 24.03.2017
ORDER IN
CMP(MD) No.2679 of 2017
IN
CRP(MD) No.175 of 2017 Miscellaneous Petition is
dismissed.
Maithaba Begum w/o. Dowlath Ali
Sheik Modeen (Died) 1 Razia Begum ... 6 Liyakath Ali s/o. Late Sheik Moideen
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
