SEWA SINGH Vs. RAGHBIR SINGH

JUDGEMENT

(1.) Plaintiff-appellant (Sewa Singh) assails the judgment and decree dtd. 18/12/2024 passed by the Court of learned Addl. District Judge, Kurukshetra, dismissing the appeal preferred against the judgment and decree dtd. 31/1/2020 passed by the Court of learned Addl. Civil Judge (Sr. Divn.), Pehowa, vide which the suit for injunction filed by the plaintiff appellant was dismissed.

(2.) For the sake of convenience and clarity, parties shall be referred to as per their original status.

(3.) Plaintiff (Sewa Singh) filed a suit for injunction restraining the defendants (Raghbir Singh and Deepak Kumar) from interfering in the peaceful usage of his electricity connection. It was averred in the plaint that the plaintiff is co-owner in land comprised in Khewat No.104, Khatoni No.138, measuring 102 kanal 14 marla, situated within the revenue estate of Jakhwal, Sub-Teshil Ismailbad, Tehsil Pehowa, District Kurukshetra, as per Jamabandi for the year 2014-15 (hereinafter referred to as the "suit property"). It was averred that the defendants were also co-owners in the suit property and the same had not been partitioned. It was averred that the plaintiff had installed a tubewell connection on the boundary of Killa No.17 and 18 and that he was in cultivating possession of the said Killas. The electricity connection was obtained by the plaintiff in the name of his father. It was averred that the defendants had no concern with the said tubewell connection and in a false complaint lodged by the defendants, his signatures were obtained by the defendants on blank papers and the said papers were misused by them to grab the connection. Despite the defendants having been requested not to interfere in the usage of the said connection, they did not pay heed as a result of which the suit was filed.