Writ petition challenged an interim order dismissing the petitioner's application for restoration of electricity supply in a civil suit for eviction. Since the main suit itself had been dismissed in default, the High Court disposed of the petition as infructuous, leaving remedies open.
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
220
CWP-10548-2023 Date of Decision: 25.10.2024
BUNTY BALUJA
... Petitioner
VERSUS
HARPREET KAUR AND ANOTHER
... Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.
Present: Mr. Harminder Singh, Advocate for the petitioner.
Mr. Ullas Kapoor, Advocate for respondent No.1.
Mr. Shobhit Phutela, Mr. Rohit Gupta, Mr. Aditya Jain, Ms. Sarya Kapoor and Ms. Indu Bala, Advocates for respondent No.2.
VINOD S. BHARDWAJ, J. (ORAL)
Challenge in the present petition is to the order dated 20.12.2021 passed by Court of Mr. Puneet Mohinia, Civil Judge (Jr. Division), Chandigarh, whereby the application of the petitioner for restoration of electricity supply was held to be not maintainable in a Civil Suit for Mandatory Injunction seeking vacation of the demised premises i.e. Booth No.195, Patel Market, Sector 15-D, Chandigarh. The application for seeking restoration/reinstallation of the electricity connection in the suit property was accordingly dismissed for the said reasons.
Counsel for the respondents have informed today in Court that the main civil suit, in which the abovesaid impugned interim order had been passed, has already been dismissed in default.
RAJENDER KUMAR 2024.10.28 04:31 I attest to the accuracy and integrity of this document
-2-
CWP-10548-2023
The said fact has not been disputed by the counsel for the petitioner.
Having heard the learned counsel for the parties and taking into consideration the undisputed facts, pointed out above, the present writ petition is disposed of as having been rendered infructuous on account of subsequent dismissal of the civil suit itself. The order in an interim application cannot be independently adjudicated once the main suit itself stands determined/decided.
The disposal of the present petition shall, however, not operate as a bar against the petitioner to take recourse to his appropriate remedies in accordance with law, for seeking redressal of his grievance(s).
(VINOD S. BHARDWAJ) OCTOBER 25, 2024. JUDGE rajender Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
RAJENDER KUMAR 2024.10.28 04:31 I attest to the accuracy and integrity of this document
Bunty Baluja
Harpreet Kaur
Respondent No.2
Vinod S. Bhardwaj
As recorded by the court registry
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