- (1.) This Revisional Application under Article 227 of the Constitution of India is directed by the Petitioners-Defendants (hereinafter referred as Defendant) against the Judgment and Order dated 25th August, 1995 passed by the Additional District Judge First Court, Nadia, in C. R. No. 56 of 1995 before him, for the reasons stated and on the grounds made out therein. The Ld. Addl. District Judge by his aforesaid impugned Order had rejected the revisional application filed by the defendants before him against the Orders dated 23/6/95 passed by the Ld. Munsif at Nabadwip in Title Suit No. 77 of 1995 and had directed the defendants to restore electric connection in the suit premises immediately in terms thereof for the reasons recorded therein.
(2.) The Respondent/ Plaintiff (hereinafter referred to as Plaintiff) had filed the relevant Suit before the Ld. Munsif praying, inter-alia, for a decree for mandatory injunction directing the defendants to remove all obstruction in the enjoyment of electricity in the normal course by re-connecting the electric connection in respect of the relevant Meter on the pleas taken in the Plaint, contending, interalia that he (Plaintiff) runs a Restaurant named and stayled as "Happy Relax" at the premises in Question and has consuming electricity from Meter No. 1486 under Consumer No. 201047 on payment of regular charges without any complaint from the defendants. On May 24, 1995 at about 5-30 p.m. the defendant No. 1, alongwith 3/4 Office Staff had come to read the Meter. But they having been requested to wait for some time due to rush of customers at that time had taken exception for waiting for 15 minutes and had thus disconnected electricity after reading the Meter. The electricity had not been restored despite requests. The Plaintiff had thus instituted the relevant Suit and had filed an application for temporary mandatory injunction therein in aid of the prayer for permanent mandatory in-junction prayed for in the Suit. The Plaintiff had also filed another application under Section 151 of the Code of Civil Procedure (hereinafter referred to as Code) praying or issue of interim injunction directing the defendants to restore electricity for the relevant Meter in terms thereof.
(3.) The Ld. Munisif passing two separate Orders on 23-6-1995 had dismissed the Plaintiff's first application for temporary mandatory injunction under Order 39, Rule 1 and 2, read with Section 151 of the Code but had allowed his second application under Section 151 of the Code for issue of interim mandatory injunction, as sought for. Aggrieved by the aforesaid two Orders passed by the Ld. Munsif the defend ants had moved the Ld. District Judge in revision thereagainst under Section 115A of the Code. The Ld. Additional District Judge by his impugned order dated 25th August, 1995 had rejected the revisional application filed by the Defendants and had directed them to restore electric connection in the disputed premises through the relevant Meter immediately in terms thereof for the reasons recorded therein.;