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2019 Supreme(P&H) 2815

AMOL RATTAN SINGH
Gurmukh Singh – Appellant
Versus
Punjab State Power Corporation Limited & Ors. – Respondent


Advocates Appeared:
Mr. D. S. Sobti, Advocate, for the Appellant; Mr. Atul Nanda, Sr. Advocate, with Mr. Vikas Chatrath and Ms. Khushkaran, Advocate, for the Respondents

JUDGMENT

Amol Rattan Singh, J. - By this petition, the petitioner challenges the order of the learned appellate Court (Additional District Judge, Ludhiana), dated 31.05.2018, setting aside the order passed by the trial court (Civil Judge (Junior Division), Ludhiana), dated 11.10.2017, by which the application filed by the petitioner (plaintiff in the suit) under Order 39 Rules 1 and 2 of the CPC had been allowed, with the respondents-defendants (Punjab State Power Corporation Limited and its officers) restrained from erecting poles and pillars and from laying overhead high tension electricity lines stated to be running over the land of the petitioner.

2. In fact, the suit filed by the petitioner is also one seeking a decree of permanent injunction restraining the defendants and their agents, assigns etc. from erecting poles and pillars and from laying overhead high tension electricity lines along the specified route shown in the site plan attached with the plaint, as was contended to be running above the property of the petitioner, (measuring 12 kanals 1-1/3 marlas land comprised in Khata no.21/22, khasra nos.26//21, 3//1, 10/1 and 2/3 in village Choley, Hadbast no.114, Tehsil and Di

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