CRP 304/2008 BEFORE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr N. Choudhury, learned counsel appearing for the petitioner. Also heard Mr B Chakraborty, learned counsel appearing for the respondents. This revision petition is directed against the order dated 23.07.2008 passed by the learned Civil Judge (Sr.Division), Hailakandi in Misc. Appeal No. 3/2008 whe reby and whereunder the appeal filed by the appellant was not admitted being not tenable, as well as the order dated 15.05.2008 passed by the learned Munsiff No . 1, Hailakandi refusing to pass order giving leave to the petitioner for drawin g electricity line and water supply line to his residence by modifying the order of status quo. The petitioner herein as plaintiff instituted title suit being T.S. No. 50/2005 in the Court of learned Civil Judge (Sr.Division), Hailakandi praying for decla ration of his right, title and interest and also for confirmation of possession over the suit land described in the schedule of the plaint. Alongwith the plaint , the petitioner has also filed a petition praying for injunction restraining t he principal defendant from disturbing the peaceful possession of the petitioner over the suit land and house standing thereof. On the aforesaid injunction peti tion the learned trial court passed an ad-interim temporary injunction vide orde r dated 16.09.2005 which was made absolute on 29.11.2005 on the ground that the respondent did not turn up even after service of notice. Thereafter, on 21.12.20 05 the respondent filed an application under Order XXXIX Rule 4 of the Code of C ivil Procedure (Code for short) praying for modification of the injunction orde r dated 29.11.2005 alleging non-serving of notice on them, which the petitioner contested by filing objection on 04.01.2006. However, vide order dated 21.06.200 7, the learned court modified the order by directing the parties to maintain sta tus quo. In the meantime, the case was transferred to the court of learned Munsi ff No. 1, Hailakandi whereupon the same was re-numbered as T.S. 52/2006. The petitioner’s case is that he has his own dwelling house over the suit land. The said house being a katcha house with C.I. Sheet roofing requires annual repa iring. Besides there is no connection with water supply and electricity supply t o the suit premises. On the other hand, the petitioner’s family consisting of hi s old mother, sister, wife and school going children are living in the said hous e and as such unless the basic human necessities of drinking water through Munic ipal supply and electricity supply are made available to the house of the petiti oner, they will suffer immensely, more so, serious hygienic problem are likely t o occur. The petitioner therefore finding no other alternative filed an applicat ion before the learned Munsiff No. 1, Hailakandi on 03.01.2008 praying for allow ing him to bring water supply line and electricity power line to the house of th e petitioner and get his house repaired whenever necessary by vacating the order of status quo. As indicated above, vide order dated 15.05.2008 the learned tria l court rejected the prayer of the petitioner holding that though electricity an d water are basic human needs, the same cannot be permitted once status quo orde r is prevalent. Challenging the said order of the learned trial court the petiti oner filed an appeal before the learned Civil Judge (Sr.Division), Hailakandi. B ut the learned lower appellate court also vide order dated 23.07.2008 held the a ppeal to be not tenable and accordingly the appeal was not admitted. Against the aforesaid two orders, the instant revision petition has been filed p raying for setting aside the impugned orders dated 15.05.2008 and 23.07.2008, co nsequently a direction to the learned courts below to consider the application d ated 03.01.2008 submitted by the petitioner. I have heard learned counsel appearing for the parties. Also perused the materi als on record. Upon perusal of the same, this Court is of the opinion that in al lowing the prayer so made by the petitioner, the character of the suit will not change more so when there is no bar for the learned trial court to allow the pet itioner to have electricity supply line and water supply from the authorities, i nasmuch as, this Court vide order dated 22.09.2008 has already allowed the petit ioner to make minor repairing in the house under his occupation. Therefore, considering the matter in its entirety and the limited prayer made by the petitioner, the orders dated 15.05.2008 and 23.07.2008 passed by the learne d trial court in T.S. No. 52/2006 and by the appellate court in Misc. Appeal No. 3/2008 are hereby set aside and quashed. The learned trial court shall consider the application dated 03.01.2008 filed by the petitioner and pass necessary ord er. As the learned counsel appearing for both the parties are present they are direc ted to appear before the learned trial court on 09.05.2011 and the learned trial court shall pass necessary order accordingly as expeditiously as possible, pref erably within six weeks from today. In the result, the revision petition is allowed. No order as to costs.