Smt. Padmavati Wd/O Pandurang Ugale (Patil) v. Kailash Vitthalrao Verulkar And Anothers

0103wp4647.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.4647 of 2014 (Smt. Padmavati wd/o Pandurang Ugale (Patil) v. Kailash Vitthalrao Verulkar and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri J.J. Chandurkar, Advocate for Petitioner. Shri V.S. Giramkar, Advocate for Respondent No.1. Coram : R.K. Deshpande, J.

Date : 1 st March, 2016 The respondent No.1, who is the original plaintiff, has filed Regular Civil Suit No.107 of 2011, claiming the reliefs as under :

"i.

declare the plaintiff is a lawful tenant of the defendant no.1 suit premises and Grant mandatory injunction against the defendant directing him to restore the electric supply to the suit premises of the occupation of the plaintiff;

ii.

In case, the defendant no.1 is not ready to restore electric supply to the plaintiff occupied house, then issue direction to the defendant no.2 and 3 to give new electric meter alongwith electric supply to the plaintiff his own name;

iii.

And be further pleased to restrain to defendant from unlawfully disconnecting the electric and water supply connection to the suit premises in occupation of

0103wp4647.14.odt the plaintiff;

iv.

Cost of the proceeding and compensation of Rs.20,000/- be saddled on the defendant;

v.

Grant any other relief which this Hon'ble Court deems fit under the circumstances of this case be given to the plaintiff, in the interest of justice & equity." It is informed by the learned counsels appearing for the parties, after taking instructions from their clients, that the electricity connection has been restored to the premises in occupation and possession of the respondent No.1. In view of this, the suit itself can be disposed of as having become infructuous, keeping all other questions regarding tenancy open to be agitated in the appropriate proceedings, if any required to be instituted. With these observations, the petition is dismissed. Judge.

Lanjewar