Order 12

Order Details: COPY OF ORDER
Pdf Text: 25 Civ Suit 188/25
KULDEEP
Vs.
BSES YAMUNA POWER LIMITED
26.09.2025
Present: Sh. Sidharth, Sh. Virender Rajput, Sh. Lakshmi
Prasad and Sh. Paras Pal, Ld. counsels for plaintiff.
Sh. Akash Swami, Ld. counsel for defendant no.
1/BSES.
Sh. Md. Aakil, Ld. counsel for D-2 and D-3
alongwith D-2 and D-3.
File received as not settled in Mediation Centre.
Arguments advanced on an application u/o 39 Rule 1
& 2 CPC on behalf of plaintiff and defendant no. 2 & 3.
Matter is passed over for 12:15 PM for arguments on
behalf of defendant no. 1.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
26.09.2025
At 12:54 PM.
Present: Sh. Sidharth, Sh. Virender Rajput, Sh. Lakshmi
Prasad and Sh. Paras Pal, Ld. counsels for plaintiff.
Sh. Akash Swami, Ld. counsel for defendant no.
1/BSES.
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Sh. Md. Aakil, Ld. counsel for D-2 and D-3
alongwith D-2 and D-3.
Arguments advanced at length on an application u/o
39 Rule 1 & 2 CPC from both sides.
Orders during course of the day.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
26.09.2025
At 02:30 PM.
Present: None.
1. Vide this order, I shall dispose of the application under Order
39 Rules 1 & 2 CPC filed on behalf of the plaintiff for directing
defendant no. 1 to install temporary electricity meter in the suit
property i.e. H. No. A-136, First Floor, Street No. 2, Mahavir Gali,
Brahampuri, North-East, Delhi-110035 till the disposal of the suit.
2. It is the case of the plaintiff that defendant no. 2 is the mother
and defendant no. 3 is the real brother of the plaintiff. It is further
stated that grandfather of plaintiff, defendant no. 3 and father-in-law
of defendant no. 2 namely Harpal Singh purchased the property
bearing Khasra No. 1 etc/11, area measuring 150 sq. yards situated at
village Ghonda, Chouhan Bangar, Illaqa Shahdara, Delhi from its
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erstwhile owner Sh. Bhagwat and Sh. Jagwat, who were the son of
late Sh. Ramji Lal in the year 1969 and registered sale deed dated
03.10.1969 was executed in favour of late Sh. Harpal Singh.
It is further stated that Sh. Harpal Singh died intestate
leaving behind his legal heirs i.e. two sons namely Ombir Singh,
Somveer Singh and three daughters namely Sumitra Devi, Kamla
Devi and Munni Devi. It is further stated that after demise of Sh.
Harpal Singh, the property was partitioned orally among Ombir
Singh and Somveer Singh in equal shares i.e. 75 sq. yards as
daughters of Sh. Harpal Singh had given/relinquished their shares in
favour of their brothers. It is further stated that as per the said oral
partition, late Sh. Somveer Singh became absolute and lawful owner
of land measuring area 75 sq. yards, Khasra No. 1 etc/11, situated at
Village Ghonda, Chouhan Bangar, Illaqa Shahdara, Delhi, now
known as H. No. A-136, Street No. 2, Mahavir Gali, Bharampuri,
North-East, Delhi-110053.
It is further stated that late Sh. Somveer Singh
constructed the property upto first floor and died intestate on
01.05.2013 leaving behind his legal heirs i.e. his wife/defendant no.
2, two sons i.e. plaintiff and defendant no. 3 and one daughter
namely Aarti. It is further stated that plaintiff is residing at First Floor
of said property, which consist two rooms and one balcony, however
one room was in possession of defendant no. 2. It is further stated
that defendant no. 2 and 3 are residing at ground floor, which consist
two rooms with attached kitchen and washroom. It is further stated
that one shop was let out by defendant no. 2 to one tenant in the year
March, 2024.
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It is further stated that on 11.01.2024, plaintiff applied
for new electricity connection in his name with office of defendant
no. 1 vide application no. 1034131905 issued on 17.01.2024 and
thereafter, official of defendant no. 1 visited the suit property to
install new electricity connection, however they were stopped by
defendant no. 2 and 3 and official of defendant no. 1 returned back
without installing the electricity meter.
It is further stated that in first week of June, 2024,
plaintiff raised demand for partition of suit property but defendant
avoided. It is further stated that on 06.09.2024, defendant no. 2 and 3
threatened plaintiff to vacate the suit property or defendant will
dispossess plaintiff by throwing his house hold articles from suit
property. It is further stated that on 11.10.2024, defendant no. 2 and 3
brought some property dealer and when plaintiff asked the reason,
then defendant replied that Sh. Somveer Singh died intestate and the
suit property has never been partitioned and defendant threatened to
sell the suit property. It is further stated that being aggrieved, plaintiff
filed a suit for declaration, partition & mandatory injunction titled as
Kuldeep vs. Omlata Devi & Ors vide civil suit bearing no. CS
379/2024, which is pending before the court of Ms. Manu Vedwan,
Ld. DJ, North-East, KKD, Delhi.
It is further stated that in the month of January, 2025,
when defendant no. 2 and 3 got to know about the said case, the
defendant no. 2 at instance of defendant no. 3, cut the electricity
connection of suit property and when plaintiff objected, defendant
physically assaulted plaintiff. It is further stated that whenever
plaintiff requested defendants for applying new electricity
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connection, defendants misbehaved/used abusive language. Hence,
the present suit.
3. In reply, it is stated by defendant no. 2 and 3 that allegations
made by plaintiff in his plaint are false and denied. It is further stated
that plaintiff has not approached the court with clean hands and
plaintiff has concealed material facts from this court. It is further
stated that plaintiff failed to resonate any nuisance/threat or
irreparable injury done by defendants against the plaintiff.
4. Arguments on this application heard at length. Case file
has been perused.
5. Perusal of record shows that the plaintiff as well as
defendant no. 2 and 3 are in dispute with each other and the suit
property not got partitioned between them after death of Sh.
Somveer Singh. Plaintiff and defendant no. 2 and 3 are in joint
possession of undivided suit property having title dispute over
respective portion. They challenged the possession of each other
within the suit property. There is no separate title in favour of
either plaintiff or defendant no. 2 or defendant no. 3. Defendant
no. 1/BSES can install the fresh connection to lawful owner
having valid possession over suit property alongwith the
documents in terms of the Regulation 10 of DERC Supply Code,
whereas no partition got affected between plaintiff and defendant
no. 2 & 3. The defendant no. 2 & 3 also have objection towards
the portion occupied by plaintiff, which are contrary to
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Regulation 10 DERC Supply Code so as to enable the defendant
no. 1 to install the electricity meter in terms of commercial
formalities required to be met by the consumer as the plaintiff do
not have any title document in his favour and plaintiff as well as
defendant no. 2 & 3 are in joint possession of property, so there is
no prima-facie case in favour of plaintiff. There is already one
electricity supply connection existing in the suit property but it is
the occupant who has not paid the accrued elecricity bill, so
balance of convenience also do not tilt in favour of plaintiff. The
plaintiff also failed to disclose that how he will suffer irreparable
loss and injury which cannot be compensated in terms of money
if the present application is not allowed. Accordingly, balance of
convenience do not tilt in favour of plaintiff, hence, the
application u/o 39 Rule 1 & 2 CPC is hereby dismissed.
The observation made above do not tantamount to
final opinion on merits of case.
Matter is adjourend for admission denial of
documents and framing of issues.
It be relisted on 10.11.2025.
AJAY KUMAR MALIK
JSCC/ASCJ/G.JUDGE (N/E)
26.09.2025
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	KULDEEP Vs. BSES YAMUNA POWER LIMITED
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