S.D.O (Op) S/D No 2 Uhbvn Kaithal And ANR v. Surjeet Singh And ANR

221-90

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-970-2021 (O&M) Date of Decision : 01.08.2025 S.D.O (OP) S/D NO 2 UHBVN KAITHAL & ANR ... Appellant(s)

Versus

SURJEET SINGH & ANR ... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. B.R. Mahajan, Senior Advocate with Mr. S.K. Mahajan, Advocate for the appellant(s). Mr. Neeraj Goel, Advocate for the contesting respondent No.1.

ALKA SARIN, J. (Oral) 1.

The defendant-appellants are in the present 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 No.1 was affirmed.

2.

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 of this Court in RSA-4181-2016 titled as "Mahesh Kumar Versus Sub Divisional Officer & Anr." vide judgment dated 14.05.2025. 3.

Learned counsel for the plaintiff-respondent No.1 does not dispute this factual position.

Yogesh Sharma 2025.08.07 11:24 I attest to the accuracy and authenticity of this judgment/order.

Chandigarh

RSA-970-2021 (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. 01.08.2025 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2025.08.07 11:24 I attest to the accuracy and authenticity of this judgment/order.

Chandigarh