TARO DEVI Vs. MALI DEVI

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 30/1/2025 passed by the learned Additional District Judge, Karnal whereby the application filed by defendant No.1-petitioner herein under Order 41 Rule 5 CPC along with the appeal, was dismissed.

(2.) Brief facts relevant to the present lis are that plaintiff-respondent No.1 herein filed a suit for permanent injunction for restraining defendant No.1-petitioner from creating any kind of hindrance in the peaceful use of electricity connection bearing account No.L24-1218-214 which was stated to be joint between plaintiff-respondent No.1 and defendant No.1-petitioner herein and further from restraining defendant No.1-petitioner from transferring the said connection in anybody else's name. The Trial Court vide judgment dtd. 9/1/2025 passed a decree restraining the defendants from obstructing the plaintiff-respondent No.1 from irrigating her land from the said tubewell electric connection. However, it was directed that plaintiff-respondent No.1 would be liable to pay the electricity consumption charges of the tubewell in question as per her share. Aggrieved by the same an appeal was preferred by defendant No.1-petitioner herein. Along with the appeal an application under Order 41 Rule 5 CPC for staying the operation of the judgment and decree dtd. 9/1/2025 was also filed. Vide impugned order dtd. 30/1/2025 the said application was dismissed. Hence, the present revision petition by defendant No.1-petitioner.

(3.) Learned counsel for defendant No.1-petitioner would contend that the tubewell was never joint and that defendant No.1-petitioner has been using the tubewell exclusively and paying the electricity charges for the last many years. It is further the contention of the learned counsel that the tubewell in question is installed in the killa which is in possession of defendant No.1-petitioner herein and that all the other co-sharers have given affidavits permitting him to install the tubewell.