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Judgment
L.N. Mittal, J.—Plaintiffs have filed this revision petition under Article 227 of the Constitution of India assailing orders of the courts below.
Plaintiffs filed suit for permanent injunction restraining defendants from erecting electric poles and laying electric lines passing over the suit land belonging to the plaintiffs, for supplying domestic electric connection to defendant no. 4. Temporary injunction to the same effect during pendency of the suit was claimed by the plaintiffs by moving application for this purpose.
Learned Additional Civil Judge (Senior Division), Kaithal vide impugned order dated 11.3.2011, Annexure P/9 dismissed the plaintiffs'' application for temporary injunction. However, the plaintiffs were given option to deposit the excess amount required for laying electricity line for the aforesaid purpose through alternative route proposed by the plaintiffs and on deposit of the said amount, it was directed that the electric line shall be laid through alternative route. Appeal preferred against the said order by the plaintiffs has been dismissed by learned Additional District Judge, Kaithal vide impugned judgment dated 10.5.2011, Annexure P/10. Feeling aggrieved, plaintiffs have filed the instant revision petition.
Pursuant to order of the preceding date, counsel for the petitioners having sought instructions states that the petitioners deposited the excess amount and accordingly, electricity line has been laid through alternative route proposed by the petitioners themselves.
Since petitioners have already availed of the benefit of impugned order Annexure P/9 passed by the trial court by depositing the excess amount and pursuant thereto, electric lines have also been laid through alternative route proposed by the petitioners, the instant revision petition is rendered infructuous. However, the petitioners shall be at liberty to seek appropriate relief in the suit regarding excess amount deposited by them, in accordance with law as may be available to them.
Subject to observations aforesaid, the instant revision petition is disposed of as having been rendered infructuous.