The Sdo (Op) Sub Division Pehowa v. Salinder Kumar And Another
119-2
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH RSA-1804-2024 (O&M) Date of Decision : 28.10.2025 SDO (OP) SUB DIVISION PEHOWA .... Appellant
VERSUS
SALINDER KUMAR AND ANR .... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
Mr. S.K. Mahajan, Advocate for the appellant. Mr. Nitin Jain, Advocate for respondent No.1. 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 No.1 was affirmed. 2.
At the outset, learned counsel for 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 [Mahesh Kumar Versus Sub Divisional Officer & Anr. decided on 14.05.2025].
3.
Learned counsel for the plaintiff-respondent No.1 does not dispute this factual position.
AMAN JAIN 2025.10.29 09:29 I attest to the accuracy and integrity of this order/judgment
RSA-1804-2024 (O&M) -24.
In view thereof, the present appeal is allowed and the suit filed by the plaintiff-respondent No.1 stands dismissed on the ground of jurisdiction. However, the plaintiff-respondent No.1 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 No.1. Pending applications, if any, also stand disposed off. 28.10.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:
Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2025.10.29 09:29 I attest to the accuracy and integrity of this order/judgment