- (1.) This revisional application is directed against the order no. 13 dated 4th August, 2016 passed by the learned Civil Judge (Junior Division), 1st Court, Paschim Medinipur in Title Suit No. 149 of 2015, by which an application seeking permission to install an electric meter at the premises possessed by the defendant/opposite party no. 3 is allowed. The plaintiff filed a suit for declaration of his title in respect of R. S. Plot Nos. 1557 and 1558 to the extent of 0.130 acres and permanent injunction restraining the defendants to erect electric wire over the suit plot. The application for temporary injunction was filed after the presentation of the plaint and was moved for an ex parte ad interim order. By an order dated 12th May, 2015 the Court passed an ex parte ad interim order of injunction restraining the defendants from erecting electric wire over the plaintiff's land as described in schedule of the plaint till a particular date.
(2.) It is not in dispute that the said ad interim order of injunction is being extended from time to time and is still operative. In the meantime an application is taken out by the opposite party no. 3 seeking permission to take electric connection from the Distribution Company to his premises. The attention of this Court is drawn to the averments made in paragraphs 1 and 3 wherefrom it appears that the said opposite party has also claimed right, title and interest in respect of a portion of the aforesaid plots and is residing therein.
(3.) On the other hand, the petitioner in the written objection says that the said opposite party is trying to install the electric meter forcibly over the plaintiff's house and the vacant land and, therefore, the Court should not permit such installation. The Trial Court proceeded to allow the said application solely on the ground that a person cannot be deprived of basic and essential amenities, like the electricity. By the impugned order, the Trial Court permitted the opposite party to have installation of the electric meter through the Electricity Company at a place, where the other meters of the premises are installed subject, however, to an undertaking that in the event it is required to be removed, the same would be removed.;