DEPUTY ENGINEER Vs. DILIPBHAI MOHANBHAI KACHHADIA

JUDGEMENT

(1.) This petition has been preferred under Articles 226 and 227 of the Constitution of India, with a prayer to quash and set aside judgment and order dated 22.12.2009, passed by the District Court, Junagadh, in Civil Misc. Appeal No.104/2009, whereby the order dated 25.11.2009, passed by the Trial Court below application at Exh.5 in Regular Civil Suit No.225/2009, has been confirmed.

(2.) The brief factual matrix of the case, relevant for the decision of the petition is that, the respondents herein instituted the above-mentioned Civil Suit for declaration and permanent injunction inter-alia with prayers to the effect that the letters dated 11.05.2009 and 16.09.2009 of the petitioner (defendant) be declared to be illegal and null and void and that the petitioner be directed to grant the respondents an electricity connection. Along with the suit, the respondents filed an application at Exh.5 for grant of interim injunction. By order dated 25.11.2009, the Trial Court allowed the said application and directed the petitioner to provide an electricity connection to the respondents, during the pendency of the suit. Aggrieved by the order of the Trial Court, the petitioner preferred an appeal under the provisions of Order-43 Rule-1(r) of the Code of Civil Procedure (for short "the Code"), against the order of the Trial Court. The said appeal has been dismissed by passing the impugned order, giving rise to the filing of the petition.

(3.) Mr.S.N.Sinha, learned counsel for the petitioner has made the following submissions :