1. By this Writ Petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 28 June 2018 passed by the learned District Judge-4, Kalyan in Miscellaneous Civil Appeal No.13 of 2018 dismissing the said Miscellaneous Civil Appeal filed by the petitioner arising out of the order dated 6th January 2018 passed by the learned Civil Judge Junior Division, Kalyan granting temporary injunction in favour of the respondent no.1 in Regular Civil Suit No.625 of 2017. Some of the relevant facts for the purpose of deciding this Writ Petition are as under :-

The petitioner is the original defendant no.2 whereas the respondent no.1 is original Plaintiff. The respondent Nos.2 and 3 hereinafter referred to as original defendant Nos.1 and 3 in Regular Civil Suit No.625 of 2017.

2. It is the case of the petitioner that the petitioner has been doing the business of manufacturing and sale of chemicals and has a plant at Village Mohane, Taluka Kalyan, District Thane. The petitioner made an application to the respondent no.2 for Line in Line Out ('LILO') on 100 kv Mohone-Ambernath DC TL for 100 kv proposed sub-station to supply power from 22 kv line to 100 kv. The respondent no.2 addressed a letter to MSETCL being a transmission authority empowered under section 164 of the Electricity Act, 2003 (in short - 'Electricity Act'). It is the case of the petitioner that the said MSETCL approved the scheme of 100kv DC transmission line for giving 19.2. MVA power to the petitioner under the supervision of MSETCL. According to the Petitioner, the entire procedure of execution of work was provided under clause no.3.2 of the Conditions of Supply Based on the Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005.

3. It is the case of the petitioner that as per the terms and conditions of MSETCL has been paid supervision charges on 22nd June, 2016 for executing the work of laying down the transmission lines. The work and route for tower line was approved by MSETCL. The petitioner under supervision and in accordance with the sanctioned scheme allotted work to one M/s. Shivam Contractors, being the approved contractor of MSETCL for erection of towers under the supervision of respondent no.2. The petitioner started the excavation work from 1st December, 2017 and excavation work of Tower 2.

4. It is the case of the petitioner that the said line cannot be termed strictly as a Dedicated Feeder Line. The petitioner had made an application for LILO on 100 kv Mohone-Ambernath transmission line. It is the case of the petitioner that the petitioner had already completed 80% of the work. Mr. Rushikesh Karanvikar raised an obstruction on 22nd December 2017 for not allowing the petitioner to erect the towers. On 26th December, 2017, the respondent no.1 herein filed a suit bearing No.625 of 2017 before the learned Civil Judge, Junior Division, Kalyan under section 34, 37 and 38 of the Specific Relief Act, 1963 inter-alia praying for a declaration that the defendants act of excavation of soil for erecting high tension electric towers in suit lands without lawfully acquiring the required portion of the suit property for the said purpose was per-se illegal, void-ab-initio since the Plaintiffs were owners of the suit land. The defendant no.1 also prayed for permanent injunction against the defendants to the suit and its officers, agents, servants, employees and contractors restraining them from excavating the soil for the purpose of erecting high tension electric towers from any part of the suit property unless and until required portion of the suit property was lawfully acquired by following due process of law.

5. The defendant no.2 also prayed for issuing mandatory injunction against the defendants to the said suit and its officers, agents, servants, employees and contractors directing them to restore to its original position the suit lands by refilling the soil in