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Madras High CourtCMA(MD)/484/2022dismissed

S.C.Saminathan v. Arulraj

2024-03-13Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)No.4235 of 2022 S.C.Saminathan ... Appellant Vs.

1.Arulraj 2.R.S.Gopinath 3.Assistant Engineer (O & M), TANGEDGO, Vellakovil East Division, Illuppaikinaru -Circle, Tirupur District.

4.Assistant Executive Engineer (O & M), TANGEDGO, Vellakovil East Division, Illuppaikinaru -Circle, Tirupur District.

... Respondents PRAYER: Civil Miscellaneous Appeal is filed under order 43 Rule 1(r) read with Section 104 of CPC against the fair and decreetal order dated 25.11.2021 made in I.A.No.1 of 2021 in O.S.No.27 of 2021 on the file of the District Judge, Karur. For Appellant : Mr.P.Thiyagarajan For R1&R2 : Mr.K.Suresh For R3&R4 : No Appearance 1/4

JUDGMENT

This Civil Miscellaneous Appeal is preferred against the order dated 25.11.2021 passed in I.A.No.1 of 2021 in O.S.No.27 of 2021. The appellant is the respondent in I.A. The electricity connection was disconnected by the appellant. Hence the petitioner in I.A. had filed the application for restoring the electricity connection. The Court below allowed the I.A., wherein the Electricity Board was directed to restore the electricity connection. And the Court further directed the petitioner in I.A. shall the necessary charges for restoration and also the current consumption charges.

2. The apprehension by the appellant / defendant is that since it is in the name of the appellant / defendant, the respondents herein may misuse the same. It is seen that the parties are closely related, i.e., the appellant / defendant is the father of the respondents. Therefore, this Court is of the considered opinion that the apprehension is unwarranted. Further the appellant / defendant has not raised any legally sustainable grounds. Therefore, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. The Court below shall dispose of the suit as expeditiously as possible. 13.03.2024 2/4

NCC : Yes / No Index : Yes / No Internet : Yes / No Tmg To 1.The District Judge, Karur.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

Tmg 13.03.2024 4/4