RSEB, Bharatpur v. M/s. Ganpati Roller Flour Mills
2005-01-19
DALIP SINGH
body2005
DigiLaw.ai
JUDGMENT 1. - In this appeal, the appellant-Rajasthan State Electricity Board, Bharatpur Division, Bharatpur has challenged the order dated 2.12.1992 passed by the learned Addl. District Judge, No. 1, Bharitpur deciding the Misc. Application filed u/O. 39 Rr. 1 & 2 CPC filed by the plaintiff-respondent. The learned trial Court had granted injunction to the extent that the defendant-appellant rectify the fault and restore the electricity connection to the plaintiff and restrained the defendant- appellant from raising the bill on the basis of minimum charges during the pendency ofthe suit for the lock-out period. Alongwith this appeal which was filed on 4.3.1983 against the impugned judgment dated 2.12.1992, an application for stay was also filed with a prayer that the operation of the impugned order dated 2.12.1992 may be stayed during the pendency of the appeal. 2. The aforesaid prayer made in the stay application was rejected by this Court in its order dated 18.8.1994 and in compliance with the impugned judgment the electricity has been restored and bills are being raised accordingly. 3. Learned counsel for the appellant has submitted that the suit is still pending before the trial Court. 4. On account of the fact that the restraining order has been in force since 1992, I do not consider it just and proper to alter the said position at this juncture in 2005. 5. In this view of the matter, the only relief which could be granted to the appellant in this appeal is that without adverting to the merits of the case, a direction is hereby issued to the trial Court that in view of the long duration of the penny of the suit, the same may be decided expeditiously, preferably within one year from today. 6. Accordingly, the instant appeal is disposed of in terms of the aforesaid direction.There will be no order as to costs.Appeal Disposed Of. *******