PUNJAB STATE ELECTRICITY BOARD, PATIALA Vs. MIHAN SINGH

JUDGEMENT

(1.) Affidavit (of Er. Pawan Kumar Garg, Senior Executive Bhwanigarh, District Sagrur), presented by learned counsel appearing on behalf of the petitioner, is taken on record. It is apparent from the record that a suit filed by the respondent herein, for a mandatory injunction directing the petitioner herein to shift the electricity connection under reference to indicated premises, had been decreed by the Civil Court. The order was not complied with by the petitioner Board. Instead of filing a plea for contempt or an execution application, the respondent opted to file another suit. Though there is force in the plea on behalf of the petitioner that the filing of another suit to get the decree (granted by the Civil Court in an earlier litigation) was not in order, he is not in a position to deny that order had to be complied with particularly when the learned Appellate Court had not stayed the operation of the impugned judgment and decree. It is common ground otherwise that an appeal against the decretal of suit aforementioned is pending before the Appellate Court.

(2.) The petitioner Board was obliged to comply with the judgment and decree granted by the Civil Court, particularly because the Appellate Court had not stayed the operation thereof. The petition shall stand disposed of with a direction that the learned Appellate Authority shall dispose of the appeal itself within three months from the next date of hearing. The matter is reported to be listed before the learned Appellate Court on 10.3.2010.