R.L. Anand, J. - The delay of 105 days in refiling is hereby condoned.

This is a defendants appeal and has been directed against the judgment and decree dated 30.8.1999 passed by Additional District Judge, Gurgaon, who set aside the judgment and decree dated 4.11.1997 passed by Civil Judge (Senior Division), Gurgaon, who dismissed the suit of the plaintiff Satya Narain, and the first Appellate Court granted a decree as prayed for in favour of the plaintiff-respondent against the defendant-appellants, and the defendants were restrained from installing any electricity pole in the land of the plaintiff and also from providing electricity supply to transformer at point A from the main line at point C.

2. The brief facts of the case can be noticed in the following manner :-

Satya Narain-plaintiff owns agricultural land comprised of Rect. No. 44, Killa Nos. 11, 20/1 and 21 and some other land situated in the revenue estate of village Noorgarh, Tehsil Pataudi, District Gurgaon. There runs heavy voltage electricity line shown by letters CB in the site plan attached with the plaint. According to the plaintiff, as per sanctioned plan of the defendants, an electricity transformer was