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2025 DAILYLAW 39952 (PNJ)

SDO (OP) SUB DIVISION, UHBVNL INDRI DISTRICT KARNAL v. HISAM SINGH

RSA/2632/2019 · 2025-07-25

Nidhi Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 217 RSA No. 2632 of 2019 (O&M) DECIDED ON: 25th July, 2025 S.D.O. ‘‘Op’’ Sub Division UHBVNL, Indri District Karnal. .....Appellant VERSUS Hisam Singh .....Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA. Present: Mr. Kewal Krishan, Advocate for Mr. S.K. Mahajan, Advocate for appellant. *** NIDHI GUPTA. , J (ORAL) 1. The appellant/defendant has filed the present appeal against the concurrent findings of the learned Courts below whereby the suit filed by the respondent/plaintiff for declaration and permanent injunction has been decreed. 2. At the very outset, learned counsel for the appellant submits 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 Kumarvs. Sub Divisional Officer and Another’vide judgment dated 14.05.2025. 3. In view of the above, the present second appeal is allowed, and the suit filed by the respondent-plaintiff stands dismissed on the ground of jurisdiction. However, the respondent-plaintiff is at liberty to take recourse to the appropriate remedy as available, in accordance with law. REEMA SAINI 2025.07.25 16:45 I attest to the accuracy and integrity of this document High Court, Chandigarh RSA No. 2632 of 2019 (O&M) -2- 4. 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 the respondent- plaintiff. 5. Pending application(s), if any, shall stands disposed of. (NIDHI GUPTA) 25th July, 2025 JUDGE reema Whether speaking/reasoned Yes Whether reportable No REEMA SAINI 2025.07.25 16:45 I attest to the accuracy and integrity of this document High Court, Chandigarh