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2023 Supreme(Mad) 38

B. PUGALENDHI
Rajalakshmi – Appellant
Versus
Robin Power Solutions (P) Ltd. , Through its Manager – Respondent


Advocates Appeared:
For the Petitioner: Mr. D. Malaichamy.

ORDER :

[PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records relating to the order dated 10.06.2022 passed by the learned District Munsif, Nilakottai, in unnumbered O.S.No.-- of 2022 and set aside the same.]

1. The petitioner, as plaintiff, has proposed to file a suit before the District Munsif Court, Nilakottai, seeking permanent injunction and mandatory injunction, as against the respondents herein. The learned District Munsif, by order dated 10.06.2022, rejected the plaint under Order 7 Rule 11(d) CPC, without numbering the suit. Aggrieved over the same, the petitioner has filed the present revision petition.

2. According to the petitioner, the first respondent is a Company involved in generating electricity using solar power and they have set up their plant near the petitioner's property. In order to transmit the power generated, the first respondent has erected electric poles in the petitioner's property, without obtaining any permission. Therefore, the petitioner has proposed to file a suit, however, the trial Court has rejected the plaint stating that civil Courts do not have jurisdiction under Section 145 of the Electric

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