RAMACHANDRA MALOJIRAO BHONSLE Vs. RASIKBHAI GOVARDHANBHAI RAIYANI

JUDGEMENT

(1.) The revisionist - party in person has filed this revision challenging the order dated January 12, 2000 passed by 3rd Additional Sessions Judge, Baroda reversing the order of learned Sub-Divisional Magistrate, Baroda passed under sec.133 of the Code of Criminal Procedure.

(2.) Party-in-person namely the revisionist, Shri KC Shah, learned APP and Shri Pravin Gondaliya on behalf of Shri YS Lakhani for respondent no.1 have been heard. None appeared on behalf of respondent no.2 despite service of notice.

(3.) The revisionist had purchased a flat on the ground floor of Shubh Apartments, 51-Vishwaas Colony, behind National Plaza, Alkapuri, Baroda. When he purchased the flat there was no provision of electricity, nor for supply of water and no electric motor was installed for lifting water to supply it to other flats in the complex. Subsequently, the builder installed water pump run by electricity for lifting water so as to make it reach to other flats in the complex. In this process, the electric motor used to be operated by various occupants of different flats according to their convenience at various times causing nuisance to the revisionist/party-in-person. He is suffering from ailment so also his wife. Apprehending nuisance to himself and his wife, the revisionist approached the learned Executive Magistrate with an application under sec.133 of the Code of Criminal Procedure for removal of this nuisance.