High Court of Judicature at Allahabad
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Achchhey Lal Chaurasia v. Executive Engineer U.P. Power Corporation Kharka Colony - WRIT - C No. 39490 of 2007  RD-AH 14441 (24 August 2007)
The petitioner filed a suit for injunction restraining the defendants from taking electricity supply lines overhead the petitioner's premises. An application for temporary injunction was also filed. The trial court issued notice on the injunction application but did not grant any ex parte temporary injunction. Against that order a revision has been filed, which has been dismissed.
Counsel for the respondents Sri H.P.Dubey submits that in fact electricity line is not being taken over the petitioner's land but on the road side. The order issuing notice was passed in the year 2005 and the revisional court's order was also passed on 13.4.05. The revisional court has already directed for disposal of the injunction application expeditiously. The grant of injunction is discretionary. Under Order 39 Rule 3 CPC no exparte temporary injunction is ordinarily to be granted. There is nothing to show that exercise of discretion suffers from any illegality. No ground for interference has been made out. However, it is appropriate that the application for injunction be disposed of expeditiously and if possible within three months.
The writ petition is accordingly disposed of.
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