MARAKKAL Vs. SUPERINTENDING ENGINEER TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE Appellant/Plaintiff has projected this Second Appeal as against the Judgment and Decree dated 03.03.1999 in A.S.No.109 of 1998 on the file of the Sub-Court, Bhavani, Erode District in confirming the Judgment and Decree dated 05.08.1998 in O.S.No.370 of 1990 on the file of the Additional District Munsif Court, Bhavani.

(2.) THE First Appellate Court, while passing the Judgment in A.S.No.109 of 1998 (filed by the Appellant/Plaintiff) on 03.03.1999 has opined that 'without prejudice to the right of the Appellant/Plaintiff in any manner', the electricity connection from Service Connection No.60 has been given to the 3rd Respondent/3rd Defendant's another Well and for giving such electricity service connection, no hardship or loss is caused to the Appellant/Plaintiff and also by giving such electricity connection, the said act cannot be considered to be against law and if the relief of mandatory injunction is granted in favour of the Appellant/Plaintiff, then it will cause hardship and loss to the 3rd Respondent/3rd Defendant and viewed in that perspective, dismissed the Appeal with costs, thereby confirming the Judgment and Decree passed by the trial Court in the main Suit.

(3.) AT the time of admission of the Second Appeal, this Court has formulated the following Substantial Questions of Law for rumination :