MANJARI NEHRU KAUL
Om Parkash – Appellant
Versus
Balkar Singh – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral) - The petitioner is impugning the order dated 28.02.2022 (Annexure P-6) passed by learned Additional District Judge, Yamuna Nagar vide which his appeal preferred against the order dated 19.01.2022 (Annexure P-4) passed by learned Civil Judge (Jr. Divn.), Yamuna Nagar at Jagadhri, for grant of interim relief, by ordering the restoration of electricity connection in his shop, was dismissed.
2. Learned counsel appearing for the petitioner submits that the impugned order suffers from patent illegality and being violative of the fundamental rights of the petitioner, deserves to be set aside. He submits that the Courts below while passing the impugned orders failed to appreciate that the petitioner was in possession of the suit property and since electricity is a basic amenity, he could not be deprived of the same. He further contends that the electricity connection was disconnected by respondent No.1 with an ulterior motive so as to force the petitioner to vacate the suit property. He still further contends that the malafides on the part of respondent No.1 are writ large from the fact that he had filed a suit for seeking possession of the suit proper
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