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High Court of Punjab and Haryana · body

2025 DAILYLAW 133097 (PNJ)

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD AND ORS v. SAMAGRA

RSA/4576/2019 · 2025-12-02

Nidhi Gupta

body2025

Judgment text

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RSA-4576- IN THE HIG 253-C Dakshin Har Samagra CORAM: H Present: - NIDHI GUP 1. judgment an District Judg plaintiff was rendered by for declarati respondent 2. that the que jurisdiction Electricity A Bench of th Sub Division -2019 (O&M) -1- E HIGH COURT OF PUNJAB AND HA RSA Date o in Haryana Bijli Vitran Nigam Ltd. an Versus M: HON'BLE MS. JUSTICE NIDH Mr. BR Mahajan, Senior Advoc Ms. Nikita Goel, Advocate for t None for the respondent. I GUPTA, J. (ORAL) The appellant-defendants are i and decree dated 09.03.2018, pass t Judge, Gurugram vide which the ap was allowed reversing the judgmen ed by the learned Civil Judge (Junior claration with consequential relief of m dent-plaintiff was allowed. At the very outset, learned coun e question of law involved in the p ction of the Civil Court is barred in icity Act, 2003, has since been decid of this Court in RSA-4181-2016, ti ivisional Officer and Another’ vide j ND HARYANA AT CHANDIGARH RSA-4576-2019 (O&M) Date of Decision: 02.12.2025 Ltd. and others .… Appellants .... Respondent NIDHI GUPTA Advocate with te for the appellants. s are in second appeal against the , passed by the learned Additional the appeal filed by the respondent- gment and decree dated 30.05.2017 unior Division), Sohna; and the suit ief of mandatory injunction filed by d counsel for the appellants submits the present appeal as to whether red in view of Section 145 of the decided by the Hon’ble Division , titled as ‘Mahesh Kumar vs. vide judgment dated 14.05.2025. the onal suit ther the sion vs. RISHU KATARIA 2025.12.03 19:22 I attest to the accuracy and authenticity of this order/judgment. RSA-4576- 3. and the suit ground of ju take recours law. 4. made in the judicata in plaintiff. 5. 6. Registered P Chandna, at 02.12.2025 rishu -2019 (O&M) -2- In view of the above, the prese e suit filed by the respondent-plain d of jurisdiction. However, the respon ecourse to the appropriate remedy as It is made clear that any ev n the impugned judgments and decr in any subsequent proceedings Pending application(s), if any, s Registry is directed to send a ered Post to respondent-plaintiff, name , at the address mentioned in the Me 2025 Whether speaking/reasoned Whether Reportable e present second appeal is allowed, plaintiff stands dismissed on the respondent-plaintiff is at liberty to dy as available, in accordance with ny evidence recorded/observations d decrees would not operate as res ings initiated by the respondent- any, shall stands disposed of. send a copy of this order through , namely, Samagra S/o Late Gobind the Memo of Parties. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the y to with ions es ugh bind RISHU KATARIA 2025.12.03 19:22 I attest to the accuracy and authenticity of this order/judgment.