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1982 Supreme(Guj) 2

I.C.BHATT, N.H.BHATT
PATEL JASMAT SANGAJI – Appellant
Versus
GUJARAT ELECTRICITY BOARD – Respondent


Advocates Appeared: M.D.PANDYA, P.V.Hathi

N. H. BHATT, J.

( 1 ) THIS is a revision application brought to this court by the original plaintiff of the regular Civil suit no. 224 of 1980 pending in the court of the Civil Judge (J. D.) Dhoraji and who was the respondent before the appellate authority at Gondal in the Civil Misc. Appeal no. 53 of 1980 on his file. This applicant-plaintiff had filed the said suit in the court of said Civil Judge (J. D.) Dhoraji for the purpose of getting an injunction against the Electricity Board its Executive Engineer and its Deputy Engineer restraining them from installing any pillars or electric line in his land S. No. 528 situated in the sim of village Moti Marad. During the pendency of suit he had filed an application Ex. 20 for a temporary injunction by invoking provisions of Order 39 Rule 1 and 2 of the Civil Procedure Code. The learned trial Judge had passed the ex-parte order below that application in the following terms:"heard. Read the plaint application and affidavit. It transpires that Electricity Board intend to install sub-station just near the plaintiffs well. It will certainly create danger to the plaintiff and his servants working there. Hence ex parte interim injunction is gr












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