EXECUTIVE ENGINEER ASSTT Vs. KEB MILIND DOLLI

JUDGEMENT

(1.) THIS revision petition is filed against the order dated 12/07/2001 made in M. A. No. 21/2000 on the file of the II Addl. Civil Judge (Sr. Dn.), Belgaum.

(2.) THE respondent-plaintiff filed a suit in O. S. No. 245/89 for declaration and permanent injunction against the petitioner contending that the demand notice issued by the defendant petitioner for payment of electricity charges is illegal and the threatened disconnection in the notice is also illegal. Inter alia, in the suit, I. A. I. was filed seeking temporary injunction directing the petitioner not to disconnect the power supply during the pendency of the suit. The trial Court after hearing both the parties, dismissed I. A. I. filed by the plaintiff. Being aggrieved by the said order, the Miscellaneous Appeal was filed before the Civil Judge (Sr. Dn.), Belgaum and in the appeal, the first Appellate Court set aside the order made on I. A. I. by the trial Court and granted interim injunction restraining the petitioner from disconnecting the power supply. Being aggrieved by the said order in the Miscellenous Appeal, the present revision is filed.

(3.) AFTER going through the impugned orders of the trial Court and the first appellate Court, I find that there is a serious dispute relating to the jurisdiction of the Civil Court. The trial Court while disposing of I. A. I. placing reliance on the decision reported in (1997) 3 Supreme 615 in the case of Punjab State Electricity Board v. Ashwani Kumar and by referring to the decisions of this Court reported in ILR 1999 Kant 1665 in the case of B. Narayana Swamy v. Asst. Executive Engineer Elecl. K. E. B. and (1999) 2 Kant LJ 246 in the case of Sampanna Gurusiddappa Maribasannavar v. The Special Land Acquisition Officer, Hidkal Dam Project, Hidkal, Taluk Hukkeri came to the conclusion that the suit of this nature is not maintainable in view of the provisions contained in Sections 24 and 26 of the Indian Electricity Act, 1910 and held that the application for temporary injunction is not maintainable in the absence of prima facie case for maintainability.