MOHINDER SINGH Vs. SWARAN SINGH AND ORS.

JUDGEMENT

(1.) Petitioner has challenged the order dated 03.05.2019 passed by the Addl. Civil Judge (Sr. Divn.) Bholath, vide which the application filed by the plaintiff/petitioner under Section 151 for restoration of water channel and to allow the plaintiff to use the electric motor was dismissed.

(2.) Plaintiffs filed a suit for permanent injunction restraining the defendant/respondent from stopping to use of electric motor connection. An application under Order 39 Rules 1 and 2 read with Section 151 CPC was also filed along with the suit.

(3.) The trial Court vide order dated 27.05.2013, allowed the aforesaid application and the defendant was restrained from interfering and stopping to use of electric connection, till disposal of the main case. It was also observed that any observation made while disposing of the application shall have no bearing on the merits of the main case. The said order was assailed in appeal before the lower Appellate Court. The order was upheld in appeal by lower Appellate Court vide which the appeal was dismissed vide order dated 13.04.2015. The lower Appellate Court also observed that if the trial Court on the basis of evidence of both the parties comes to the conclusion that the present petitioner has no right with regard to electric motor in existence, the Court may pass an appropriate order in this regard to compensate the present respondents. It was also ordered that the observation made shall not affect the merits of the main case.