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High Court of Punjab and HaryanaRSA/4809/2019disposed of

Sub Divisional Officer, Dhbvnl And ANR v. Anil Kumar Gupta

2025-11-13Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-4809-2019 (O&M) Date of Decision : 13.11.2025 Sub Divisional Officer, DHBVNL & Anr ... Appellant(s)

Versus

Anil Kumar Gupta ... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. S.K. Mahajan, Advocate for the appellants. Mr. Ashish Gupta, Advocate for the respondent. ALKA SARIN, J. (Oral) CM-13688-C-2019 1.

For the reasons mentioned therein, the application seeking condonation of delay of 32 days in filing the appeal is allowed and the delay of 32 days in filing the appeal is condoned.

RSA-4809-2019 2.

The defendant-appellants are in 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 the plaintiff-respondent was affirmed. 3.

At the outset learned counsel for 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 YOGESH SHARMA 2025.11.14 09:18 I attest to the accuracy and authenticity of this judgment/order.

Chandigarh

RSA-4809-2019 (O&M) of this Court in RSA-4181-2016 [Mahesh Kumar Versus Sub Divisional Officer & Anr.] vide judgment dated 14.05.2025. 4.

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

5.

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.

6.

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 stand disposed off. 13.11.2025 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2025.11.14 09:18 I attest to the accuracy and authenticity of this judgment/order.

Chandigarh