NAGAR PALIKA MAHESHWAR Vs. DWARKADAS MAHAJAN

JUDGEMENT

(1.) This order shall also govern the disposal of I. A. No. 1858 of 1981, submitted in Civil Revision No. 416 of 1981, which has been made on identical facts and poses the similar question of law.

(2.) Shortly put the facts leading to the submission of the revision and the aforesaid application in this Court are as under : Dwarkadas, the plaintiff-nonapplicant (in C. R. No. 415/81) has instituted a Civil Suit No. 43A of 1981, for issuance of a permanent injunction against the applicants-herein in the Court of the Civil Judge, Class II, Maheshwar, on the allegations that he is a lax payer of the petitioner Nagar Palika, Maheshwar; that there ig a contract between the petitioner Nagar Palika and himself for supply of water by main line pipe connection; that the petitioner Nagar Palika wants to disconnect the water supply from the main line and give connection instead from a side line and thus wants to deprive him of taking water supply from the main line. However, the Nagar Palika has no right to do so. Accordingly, a decree for issuance of a permanent injunction was claimed restraining the petitioner Nagar Palika from disconnecting the water supply from the main line pipe connection.

(3.) In the suit the plaintiff-non-appli-cant submitted an application for issuance of a temporary injunction, which was opposed by the petitioners on the ground that they want to divert the connection from main line to the branch line; that too on the basis of technical report and instructions from the Public Health Engineering Department; that in this process the plaintiff will not suffer any injury, which may be made the foundation for the suit,