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2023 Supreme(Ker) 764

A. BADHARUDEEN
Hamsa. A. P. , S/o. Muhammed @ Kunhapputty Haji – Appellant
Versus
Secretary Kerala State Electricity Board Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.B.KRISHNAN, P.B.SUBRAMANYAN, MANU VYASAN PETER
SABU GEORGE
For the Respondent: RIJI RAJENDRAN

Judgement Key Points

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JUDGMENT :

This regular second appeal has been filed under Section 100 r/w Order XLII Rule 1 of the Civil Procedure Code, 1908 (hereinafter referred to as 'CPC), challenging the decree and judgment dated 29.01.2022 in A.S.No.35/2020 on the files of the Additional District Court-I, Manjeri, arising out of the decree and judgment dated 20.12.2019 in O.S.No.430/2016 on the files of the Munsiff's Court, Manjeri. The appellants herein are plaintiff No.2 and supplemental plaintiffs 3 to 11 in the above suit and the respondents herein are the defendants.

2. Heard Sri.P.B.Krishnan, the learned counsel appearing for the appellants as well as Sri.Riji Rajendran, the learned Standing Counsel appearing for the Kerala State Electricity Board Ltd. in detail. Perused the records.

3. While admitting this appeal, my learned predecessor, as per order dated 25.03.2022, formulated the following substantial questions of law:

    “i) Is the installation of an Electrical Transformer covered by the provisions of the Indian Telegraph Act, 1885?

ii) Is not Sec.10, 17(1) and 17(2) of the Indian Telegraph Act, 1885 confined to the installation of a telegraph line and post by a telegraph authority?

iii) Is not the praye

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