Dhbvnl And Others v. Om Parkash Taneja

RSA-5072-2018(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-5072-2018 (O&M) Date of Decision: 23.02.2026 Dakshin Haryana Bijli Vitran Nigam Ltd. & ors. .... Appellants

Versus

Om Parkash Taneja .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Subhash Saini, Advocate for Mr. Rattan Singh Longia, Advocate for the appellant.

NIDHI GUPTA, J. (ORAL) 1.

The appellant-defendant is in second appeal against the concurrent judgments and decrees rendered by both the District Courts whereby the suit for declaration with consequential relief of permanent injunction filed by the respondent-plaintiff was decreed. 2.

At the very outset, learned counsel for the appellant submits 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 vs. Sub Divisional Officer and Another' vide judgment dated 14.05.2025. 3.

In view of the above, the present second appeal is allowed, and the suit filed by the respondent-plaintiff stands dismissed on the ground of jurisdiction. However, the respondent-plaintiff is at liberty to MONIKA VERMA 2026.02.26 09:00 I attest to the accuracy and authenticity of this order/judgment chandigarh

RSA-5072-2018(O&M) -2take recourse to the appropriate remedy as available, in accordance with law.

4.

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 respondentplaintiff. 5.

Pending application(s), if any, shall stands disposed of. 6.

Registry is directed to send a copy of this order through Registered Post to respondent-plaintiff/Om Prakash Taneja, at the address mentioned in the Memo of Parties.

23.02.2026 ( NIDHI GUPTA ) monika JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No MONIKA VERMA 2026.02.26 09:00 I attest to the accuracy and authenticity of this order/judgment chandigarh