Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA-2693-2022 (O&M)
Date of decision :27.08.2025
OM PARKASH
... APPELLANT VERSUS XEN, DHBVN, BHIWANI AND ANR.
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Abhimanyu Singh, Advocate
for the appellant.
Mr. S.K. Mahajan, Advocate
for the respondents.
****
PARMOD GOYAL, J. (ORAL)
CM-9354-C-2022
This is an application for condonation of delay of 183 days in filing the present appeal.
For the reasons mentioned in the application, the same is allowed and the delay of 183 days in filing the present appeal, is hereby condoned. Main Case
The plaintiff-appellant by present Regular Second Appeal, is challenging the judgment and decree passed by the First Appellate Court i.e. District Judge, Bhiwani dated 07.03.2012 and also the judgment and decree dated 28.10.2016 passed by the Court of first instance whereby his appeal & suit were dismissed.
2.
At the outset, learned counsel for the appellant has fairly submitted that the question of law involved in the present appeal as to whether jurisdiction
MANOJ KUMAR 2025.09.02 20:24 I attest to the accuracy and integrity of this document
RSA-2693-2022 (O&M)
-2-
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 and another’ vide
judgment dated 14.05.2025.
3.
Learned counsel for the respondents also relies on above-noted
judgment.
4.
In view thereof, the present appeal is dismissed. However, the plaintiff-appellant would have the liberty to avail the remedies as available in law.
5.
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 plaintiff in accordance with law.
6.
Pending applications, if any, also stands disposed off.
27.08.2025
(PARMOD GOYAL) manoj
JUDGE
Whether speaking/reasoned Yes/No
Whether reportable
Yes/No
MANOJ KUMAR 2025.09.02 20:24 I attest to the accuracy and integrity of this document