Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Civ Suit 360/25
NASIRAN BEGUM Vs. BSES YPL
23.09.2025
Present:- Mr. Rajiv Gupta, Ld. Counsel for the plaintiff.
Mr. Bhanu Nimesh, Ld. Counsel for the defendant.
1. Replication alongwith the reply to the application of the
defendant u/s 151 CPC filed on behalf of the plaintiff. Copy
supplied to other side.
2. Ld. Counsel for the plaintiff requets for the confirmation of
the ad interim order dated 05.06.2024. He submits that the
question of whether the earlier electricity meter was permanently
disconnected, or only temporarily disconnected and later restored
before a final disconnection in December, 2024, is a matter to be
decided at trial after evidence is led.
3. Ld. Counsel for the defendant states that the clarification
regarding temporary diconnection has already been placed on
record through an application under Section 151 CPC. He asserts
that the connection was not disconnected in 2023 and was only
permanently disconnected in December, 2024.
4. Having heard the submissions and perused the record, I
find that the dispute over the time/year when disconnection of the
earlier electricity meter took place can only be determined after
evidence is led by the parties. However, it is undisputed that the
plaintiff is in possession of the suit property where the live
connection exists. Considering the overall circumstances, the
defendant is restrained from disconnecting the electricity supply
to CA No. 100741059 for non payment of the disputed arrears of
Cont..
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Rs. 92,541.33/- as reflected in the bill dated 07.04.2025, during
the pendency of the suit. The defendant is, however, at liberty to
take action in accordance with law for recovery of any other dues
apart from the aforesaid disputed arrears. With these
observations, the application under Order XXXIX Rule 1 & 2
CPC stands disposed of.
5. On the basis of the pleadings of the parties, the following
issues are framed:-
1. Whether the plaintiff is entitled
to a decree of mandatory
injunction, as prayed for? OPP
2. Whether the plaintiff is entitled
to a decree of permanent
injunction, as prayed for? OPP
3. Relief.
6. No other issues are pressed for by the parties. Nor does any
other issue arise from the pleadings of the parties. The plaintiff
and defendant are directed to file their list of witnesses within 15
days from today. The plaintiff is directed to supply an advance
copy of the affidavits of his witnesses to the defendants, one
week in advance of next date of hearing. The case shall be taken
for recording of plaintiff's evidence on 05.12.2025.
(AYUSH SHARMA)
CIVIL JUDGE/EAST
KKD COURTS/23.09.2025
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