S.D.O. Op, Sub Division No.1- Kaithal(X-41) City Kaithal v. Gopal Krishan

221-24

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-1674-2022 (O&M) Date of Decision : 01.08.2025 S.D.O. OP, SUB DIVISION NO.1- KAITHAL ... Appellant

Versus

GOPAL KRISHAN ... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. B.R. Mahajan, Senior Advocate with Mr. S.K. Mahajan, Advocate for the appellant. Mr. Tarun Sharma, Advocate for the respondent. ALKA SARIN, J. (Oral) 1.

The defendant-appellant is in present Regular Second Appeal, challenging the judgment and decree passed by the First Appellate Court whereby its appeal was dismissed, and the judgment and decree passed by the Trial Court in favour of the plaintiff-respondent(s) was affirmed. 2.

At the outset, learned senior counsel appearing on behalf of the defendant-appellant 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 and Another' vide judgment dated 14.05.2025.

AMAN JAIN 2025.08.05 09:37 I attest to the accuracy and integrity of this order/judgment

RSA-1674-2022 (O&M) -23.

Learned counsel for the plaintiff-respondent does not dispute this factual position.

4.

In view thereof, the present appeal is allowed, and the suit filed by the plaintiff-respondent stands dismissed on the ground of jurisdiction. However, the plaintiff-respondent 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-respondent. Pending applications, if any, also stands disposed off. 01.08.2025 Aman Jain (ALKA SARIN) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO AMAN JAIN 2025.08.05 09:37 I attest to the accuracy and integrity of this order/judgment