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Judgment
S.K. Mishra, J
Heard M.S.Pal, learned Senior Counsel, assisted by Mr. Sachin, learned counsel for the petitioner and Mr. Dharmendra Barthwal, learned counsel for the respondent.
In this case, the petitioner has challenged the order dated 26.11.2021, passed by the learned 1st Additional District & Sessions Judge, Udham Singh Nagar in Civil Appeal No. 40 of 2021, refusing to grant any interim order of injunction/status quo as far as concerned shifting of transformer is concerned. It is apparent from the record that the plaintiff filed a suit for perpetual injunction, which was dismissed by the learned Trial Judge. He preferred an appeal and during pendency of the appeal, he filed an application for stay (Sic). The learned District Judge did not allow the application and rightly did so because the petitioner is a rice mill, which is a heavy user of the electricity and the electricity is being used to its premises from a transformer, which is installed in the property of defendant no.1. Now, on the application of the defendant no.1 the Service Line is to be shifted. The petitioner being an industrial /commercial unit, should also provide adequate facilities for such electricity supply an environmental provisions. Hence, the writ court considers that the order passed by the Additional District Judge does not suffer from a jurisdictional error. This Court is also of the opinion that in this case no interim order should have been passed by the appellate court and it has rightly not passed an interim order.
Hence, the writ application being devoid of merit, is dismissed.
There shall be no order as to the costs.
Urgent certified copy of this order be granted on proper application.