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2015 Supreme(HP) 1862

DHARAM CHAND CHAUDHARY
SUSHIL GUPTA – Appellant
Versus
HPSEB – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Karan Singh Kanwar.
For the Respondents: Mr. Satyen Vaidya, Mr. Vivek Sharma.

JUDGMENT :

Dharam Chand Chaudhary, J.

1. Order dated 5.8.2015 passed by learned Civil Judge (Senior Division), Court No.1 Paonta Sahib, District Sirmaur in an application under Order 6, Rule 17 of the Code of Civil Procedure registered as CMA No.16 of 2015 is under challenge in this petition.

2. The record available at this stage reveals that the petitioners (plaintiffs in the trial Court) have filed the suit for permanent prohibitory injunction restraining the defendants from installation of 3300 KV Electricity Line and erection of Electricity Poles over their land bearing Khatauni No.88min/191, Kite 32, measuring 02-06-37 hectares situated in Mauza Up Sampada Batamandi, Tehsil Paonta Sahib, District Sirmaur, H.P. The suit after settlement of issues is presently at the stage of plaintiffs evidence. The plaintiffs, however, have filed an application under Order 6, Rule 17 CPC to add the following by way of para 1(a) in the head-note of the suit:

    "with relief of mandatory injunction directing the defendants to remove the installed poles and 3300 KV electricity line over the suit land, which has been installed without any sanctioned plan."

3. Similarly following lines also sought to be ad

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