1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2939 OF 2010 Uttam Jagannath Lanjekar Petitioner versus The Assistant Engineer, Maharashtra State Electricity Distribution Co. Ltd. Respondents S.A.Sawant a/w H.V.Kode a/w Ketan Joshi for petitioner. V.R.Sutrale for respondent no.3. CORAM : A.S.OKA, J. DATE : 23rd April 2010 PC : 1. Learned counsel for the petitioner on instructions of the petitioner who is present in the Court, seeks permission to withdraw the petition with liberty to make a fresh application for interim relief in the event it is established that respondent no.3 has carried out construction in breach of order of temporary injunction in the earlier suit. He states that during pendency of the petition, electricity supply has been already granted to the third respondent. 2. The allegation of the petitioner is that in breach of order of temporary injunction granted in the earlier suit filed by the petitioner, the third respondent carried out construction of a house. It is pointed out that appropriate proceedings have been initiated for taking an action against 2 the third respondent for committing breach of the order of temporary injunction. It is obvious that if the petitioner succeeds in the said proceedings in establishing that the third respondent had constructed the house in breach of order of temporary injunction, the petitioner is entitled to make a fresh application for appropriate interim relief in the present suit in the light of provisions of Rule 4 of Order XXXIX of the Code of Civil Procedure, 1908. 3. The petition is dismissed as withdrawn with liberty as prayed. It is obvious that the electricity connection granted to the third respondent is subject to final outcome of both the suits as well as the pending proceedings for initiating an action against the third respondent for committing breach of the temporary injunction. No equity will be created in favour of third respondent on the basis of grant of supply of electricity. (A.S.OKA, J.)