S VIAJAYALAKSHMI Vs. SEKAR

JUDGEMENT

(1.) AS against the return of the Interlocutory Application filed by the revision petitioner/plaintiff to restore the Execution Petition as not maintainable, this revision has been filed.

(2.) THE plaintiff filed the suit against the first defendant and other officials to restore the bunk shop again in the suit property and to restore the power service connection to the bunk shop. THE case of the petitioner is that she is a physically challenged woman aged 32 years and unmarried. She was running a bunk shop which was originally run by her father from the year 1960. Since her father became old, she has been running the bunk shop from 1972 onwards. She is eking out the livelihood for seven members of her family with the meagre income derived therefrom. She has been paying regular monthly charges of electricity consumption. According to the plaintiff there are about 10 bunk shops in the said area and most of them affecting the free flow of traffic, but the plaintiff's particular shop is not so affecting the traffic. THE first defendant while constructing his house influenced the second and third defendants, who removed the plaintiff's bunk shop illegally and thrown out the plaintiff to street. Though she is not a defaulter in payment of electricity consumption charges, the service connection has been disconnected.

(3.) IT is to be noted that the first respondent, who is the contesting defendant has not properly defended the suit and therefore the suit came to be decreed exparte. In this revision also, the first respondent/defendant has not appeared. Taking into consideration of this circumstance also, this court deems it fit to allow the I.A.Diary No.51627 of 2004 and restore the E.P.No.161 of 2003 in O.S.No: 7367 of 1997 to the file of the learned IX Assistant City Civil Court, Chennai who shall take up the matter and proceed with the same in accordance with law.