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2011 Supreme(Cal) 952

PRASENJIT MANDAL
C. E. S. C. Limited. – Appellant
Versus
Ujjala Mondal – Respondent


Advocates Appeared:
Subir Sanyal, Ram Chandra Guchhait, Probal Kumar Mukherjee, Sukanta Chakraborty

JUDGMENT

Prasenjit Mandal, J.

1. CHALLENGE is to the order dated September 10, 2009 passed by the learned Additional District Judge, 10th Court, 24 Parganas (South) in Misc. Appeal No.11 of 2008 arising out of the order dated December 17, 2007 passed by the learned Civil Judge (Junior Division), 5th Court, Alipore in Title Suit No.291 of 1990.

2. THE plaintiff / opposite party herein instituted a suit being Title Suit No.291 of 1990 praying for declaration of title, permanent injunction and other reliefs. THE petitioner is contesting the said suit. While disposing an application under Section 151 of the C.P.C., the learned Trial Judge directed the petitioner to restore electricity connection in the said premises with the meter within 30 days from the date of order and on restoration, the plaintiff was directed to pay the bills as per meter calculated by the defendant-company, if any. Being aggrieved by that order, the petitioner filed a misc. appeal being Misc. Appeal No.11 of 2008 and the said misc. appeal was dismissed on contest and the order of the learned Trial Judge dated December 17, 2007 was confirmed. Being aggrieved, this application has been preferred. Now, the point for c




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