PRATAP SINGH Vs. TARA SINGH

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure (for short the Code) is directed against the two orders both dated 26 April, 1991 of Shri S.N. Dhingra, Addl. District Judge, Delhi dismissing the application of the petitioner (Defendant No. 1) under Section 151 of the Code and allowing the appeal of respondent No. 1 (plaintiff) against the order of the trial Court whereby the application of the said respondent under Order 39 Rules 1 & 2 of the Code was dismissed.

(2.) Since I have heard the parties at length, I propose to dispose of the petition finally at the show cause stage.

(3.) On the basis of a deed of dissolution dated 20 June 1988, admittedly signed by the plaintiff and defendant No. 1, claiming that it had been implemented in part, in that the building bearing No. C-72, Mayapuri Industrial Area, Phase II, New Delhi had been divided into two portions by construction of a pucca wall in the hall, the western portion going to the plaintiff and in his possession and eastern portion going to the share of defendant No. 1 and with him; the telephone shifted from his western portion to defendant No. 1's eastern portion but the remaining part regarding shifting of electric connections from eastern portion to western portion having not been implemented due to resistance by defendant No. 1, the plaintiff filed a suit for mandatory injunction with a direction to defendant No. 2 (DESU) to shift the electric meter board along with meters to his side and for permanent injunction against defendant No. 1 restraining him from obstructing the said shifting. An application under Order 39 Rules 1 & 2 was also filed for restoration of electricity to the portion of the plaintiff through the old meters.