High Court of Punjab and HaryanaCR/5198/2018disposed of

Ram Kishan v. Mahesh Kumar & Others

2023-06-02Ms. Justice Nidhi Gupta2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-5198-2018 (O&M) Date of decision: 02.06.2023 RAM KISHAN ..Petitioner(s)

Versus

MAHESH KUMAR & OTHERS ..Respondent(s) CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present:

Mr. Deepam Raghava, Advocate for the petitioner. Mr. Jagdish Manchanda, Advocate for respondent No.1. Mr. SK Mahajan, Advocate for respondents No.2 and 3. Ms. Jyoti Chahal, Advocate for Mr. RS Budhwar, Advocate for respondent No.4. *** NIDHI GUPTA, J (Oral) It is submitted by learned counsel for the petitioner that vide impugned orders interim injunctions were granted in favour of the respondent No.1/plaintiff with a direction to remove the electricity meter in question. It is further submitted by learned counsel for the petitioner that the electricity meter stands installed in his name and therefore, he was necessary party to the proceeding and the impugned orders dated 23.03.2018 and 26.07.2018 could not have been passed in his absence.

Learned counsel for the petitioner relies upon judgments of the Hon'ble Supreme Court in My Palace Mutually Aided Co-operative Society vs. B. Mahesh and ors., Civil Appeal No.5784 of 2022, Hardevinder Singh vs. Paramjit Singh, Civil Appeal No.102 of 2013, Bengal Ambuja Housing Development Ltd. vs. Pramila Sanfui and ors., Civil Appeal Nos.7209-7210 of 2015 and State of Uttar Pradesh vs. Ram Sukhi Devi, Civil Appeal No.6510 of 2004.

ASHOK KUMAR 2023.06.02 15:18 I attest to the accuracy and integrity of this document

CR-5198-2018 (O&M) In response, it is submitted by learned counsel for the respondent No.1/plaintiff that he has no objection if the prayer of the petitioner is allowed and he is impleaded as a party before the Ld. Trial Court. Learned counsel for the respondent No.1/plaintiff undertakes to implead the petitioner as a party/defendant in the Civil Suit No.57 of 2018.

As the civil suit is of the year 2018, Ld. Civil Judge, Jr. Div., Kurukshetra is directed to decide the same expeditiously preferably within 6 months from the receipt of certified copy of this order. Revision petition stands disposed of as above. ( NIDHI GUPTA ) 02.06.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2023.06.02 15:18 I attest to the accuracy and integrity of this document