Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: 9CS34/24Dev Kant Mishra Vs.
Veena Mishra
02.07.2024
Present : Sh. Manish Miglani, Ld. Counsel with the plaintiff.
Ms. Mohini Sharma, Ld. Counsel with defendant No.2.
Sh. A.K.Singh, Ld. Counsel with the defendants No.4&5.
None for defendants No.1 (a to c) and D-3 on call at
11.02am.
These are two applications U/s 151 CPC, seeking restora-
tion of electricity supply to the plaintiff. Prayer/(s), are similar in both
the applications and even reply/(s), to them on same lines.
I have heard submissions made by the Ld. Counsels for
the plaintiff as well as opposite side/(s), Sh. Singh submits that the ad-
mitted fact is that the parties are co-sharers in the property No. 3/111-
A, Lalita Park, Laxmi Nagar, Delhi and even in the properties put un-
der partition and the earlier meter was installed in the name of Sh.
Vishnu Kant Mishra, which got dis-mentled / disconnected in due
course, as the parties are act discord and the defendant No.4 or for that
matter. Other defendants have no objection, if the plaintiff gets an in-
dependent meter installed in accordance with the applicable rules and
scheme of the concerned DISCOM/Agency and make payment to-
wards electricity consumed through that independent meter. Sh.
Miglani is agreeable to this submission but he says that the defendant/
(s) should be restrained from physically obstructing the concerned offi-
cials from the DISCOM/Agency or even otherwise the plaintiff.
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Sh. Singh submits that there cannot be any question of ob-
structing any officials from the DISCOM/Agency as the defendant is a
law abiding citizen and he finds even the submission atrocious.
Under the circumstances, the plaintiff is allowed to get an
independent electricity meter, as per rules with the responsibility
squarely lying on him to make every and all payment/(s), in this re-
gard, as defendants have no intention to obstruct his way on this aspect
of the matter. Both the applications stand disposed off.
Put up on the date fixed.
(Sanatan Prasad)
District Judge-02 (East)
Karkardooma Courts/Delhi/02.07.2024
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