ORAL ORDER

1. Order dated 22.01.2020 rendered by City Civil Court, Ahmedabad dismissing the application Exh. 16-17 in Civil Suit No. 897 of 2019, seeking restoration of the electricity supply to the watchroom occupied by the appellant as a Watchmen/ servant of the opponent is sought to be assailed in this appeal from order under Order 43 of the Code of Civil Procedure, 1908 ( for short 'CPC').

2. The application (supra) came to be rejected principally on finding that the appellant-original defendant had no right to seek electric supply from the opponent. It was held that grant of interim order would impose unnecessary financial burden upon the original plaintiff-opponent herein. After recording the said reasons, the court below however questioned the activities of the appellant in using the property in question for commercial purposes and held that such activities would create nuisance and obstruction in the peaceful enjoyment of the property by the plaintiff and his family. Learned counsel for the appellant contended that the court below ought not to have rendered such a final decision in the application seeking electricity supply on humanitarian grounds.

3. The question deserving co