Regular Second Appeal No. 3834 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Regular Second Appeal No. 3834 of 2009 Date of decision : April 21, 2011 Avtar Singh ....Appellant versus Jagroop Singh and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. KK Garg, Advocate, for the petitioner Mr. Tribhawan Singla, Advocate, for respondent no. 1 L.N. Mittal, J. (Oral) Plaintiffs no. 1 to 3 and defendant are sons of Kapoor Singh whereas plaintiff no. 4 is daughter of Kapoor Singh. Dispute in the instant suit is regarding electricity connection No. CN-73AP of 3 Horse Power existing in the name of Kapoor Singh who has since died. Plaintiffs claimed that both the parties are joint owners of the aforesaid electricity connection. The defendant, however, alleged that Kapoor Singh executed Will in favour of sons of the defendant and accordingly they are exclusive owners of the electricity connection along with land in which it is installed. Regular Second Appeal No. 3834 of 2009 -2- Learned Additional Civil Judge (Senior Division), Barnala vide judgment and decree dated 16.10.2006 decreed the plaintiffs' suit. However, first appeal preferred by defendant has been allowed by learned Additional District Judge, Barnala vide judgment and decree dated 18.3.2008 and thereby suit filed by the plaintiffs has been dismissed. Feeling aggrieved, plaintiff no. 2 has filed the instant second appeal. I have heard learned counsel for the parties and perused the case file. It is undisputed that litigation regarding the Will in question set up by the defendant in favour of his sons is already pending between the parties. In the said litigation, question of ownership of the suit land in which the disputed electricity connection stands installed is to be adjudicated upon. Accordingly, learned counsel for the parties have agreed at the bar that the instant second appeal may be disposed of by directing that electricity connection shall be subject to the final outcome of the said litigation and will abide by the fate of the said litigation. Meanwhile, defendant herein shall not alienate the electricity connection in question claiming it to be his exclusive property. It is ordered accordingly. Judgments and decrees of the courts below stand modified to this extent and the instant second appeal stands disposed of accordingly. ( L.N. Mittal ) April 21, 2011 Judge 'dalbir'