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2019 DIGILAW 386 (CAL)

ALOKE AGARWAL v. ISHTIAQUE AHMED

2019-03-19

ARINDAM MUKHERJEE, BISWANATH SOMADDER

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JUDGMENT : BISWANATH SOMADDER, J. 1. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay. 2. The instant appeal arises out of a judgment and order dated 28th February, 2019, passed by a learned Single Judge in WP 3988 (W) of 2019. 3. By the said judgment and order, the learned Single Judge was pleased to dispose of the writ petition with certain directions. 4. The appellant before us is the private respondent no.5, in the writ proceedings. 5. It has been brought to our notice by the learned advocate appearing on behalf of the appellant that there is a Title Suit between the parties pending before the learned Civil Judge (Junior Division), 2nd Court, Baruipur, South 24 Parganas and the order of the writ Court is likely to prejudice his client's interest in the said Title Suit. 6. We, however, do not find any cogent or justifiable reasons to even consider any basis of such apprehension on the part of the appellant. The reason is, the direction of the learned Single Judge to enable the Electricity Distribution Company Limited to conduct an inspection and subsequently install electricity connection at the common meter board of the writ petitioner cannot by any stretch of imagination cause any prejudice to the rights of the parties (including the appellant herein) in respect of the proceedings pending before the civil Court in any manner. All the issues before the civil Court are kept open and shall be adjudicated upon by the said Court in accordance with law. 7. The appeal along with the application for stay stands disposed of accordingly. Arindam Mukherjee, J. : I agree.