SHIVARAJ V. PATIL, J.

( 1 ) THIS appeal is by the plaintiff directed against the order dated 24-7-1989, passed by the 16th Additional City Civil Judge at Bangalore on Preliminary Issue No. 3 in O. S. No. 4716/86, dismissing the suit filed by the plaintiff as not maintainable.

( 2 ) THE parties during the course of this judgment will be referred to by the rankings assigned to them in the trial Court.

( 3 ) THE brief facts leading to this appeal are: the plaintiff filed suit against the defendants seeking permanent injunction restraining them from disconnecting the electric power connection to R. R. ACP 563 installed in the premises No. 68, Lalbagh Road, Bangalore and restraining them from causing obstruction to the plaintiff in his peaceful possession and enjoyment of the power through the said meter. The defendants filed the written statement resisting the claim of the plaintiff on various grounds including the ground that the suit itself as filed was not maintainable. The trial Court in view of the pleadings of the parties framed 5 issues on 12-7-1989. Among them issue No. 3 was set down for hearing as a preliminary issue. The said issue No. 3 reads: whether defendants prove that t

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