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2024 DAILYLAW 2249 (PNJ)

SDO (OP), UHBVNL AND ANR. v. RAM SINGH

RSA/613/2024 · 2026-01-12

Alka Sarin

body2024

Judgment text

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320-1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-613-2024 (O&M) Date of Decision : 12.01.2026 SDO (OP), UHBVNL AND ANR. .... Appellants VERSUS RAM SINGH AND ANR .... Respondents CORAM : HON’BLE MRS. JUSTICE ALKA SARIN Present : Mr. Kewal Krishan, Advocate for Mr. S.K. Mahajan, Advocate for the appellants. Mr. Rohit Singh, Advocate for respondent No.1. ALKA SARIN, J. (ORAL) CM-2075-C-2024 1. This is an application for condonation of delay of 380 days in refiling the appeal. 2. For the reasons stated in the application, the same is allowed and the delay of 380 days in refiling the appeal is condoned. CM-2076-C-2024 3. This is an application for condonation of delay of 194 days in filing the appeal. 4. For the reasons stated in the application, the same is allowed and the delay of 194 days in filing the appeal is condoned. AMAN JAIN 2026.01.13 09:54 I attest to the accuracy and integrity of this order/judgment RSA-613-2024 (O&M) -2- RSA-613-2024 5. The defendant-appellants are in present Regular Second Appeal challenging the judgment and decree passed by the First Appellate Court whereby their appeal was dismissed and the judgment and decree passed by the Trial Court in favour of plaintiff-respondent No.1 was affirmed. 6. At the outset, learned counsel appearing on behalf of the defendant-appellants has submitted that the question of law involved in the present appeal as to whether jurisdiction of the civil court is barred in view of Section 145 of the Electricity Act, 2003, has since been decided by the Hon’ble Division Bench of this Court in RSA-4181-2016, titled as ‘Mahesh Kumar Versus Sub Divisional Officer & Anr.’ vide judgment dated 14.05.2025. 7. Learned counsel for plaintiff-respondent No.1 does not dispute the aforesaid fact. 8. In view thereof, the present appeal is allowed, and the suit filed by plaintiff-respondent No.1 stands dismissed on the ground of jurisdiction. However, plaintiff-respondent No.1 would have the liberty to avail the remedies as available in law. 9. It is made clear that any evidence recorded/observations made in the impugned judgments and decrees would not operate as res judicata in any subsequent proceedings initiated by plaintiff-respondent No.1. Pending applications, if any, also stands disposed off. 12.01.2026 (ALKA SARIN) Aman Jain JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2026.01.13 09:54 I attest to the accuracy and integrity of this order/judgment