Rajesh Bindal, J.

1. Challenge in the present petition is to the orders, passed by the learned courts below, whereby in an application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure, the petitioner has been restrained from installing/erecting tower bearing Nos. 64/6 and 64/7 in the land of the respondents-plaintiffs.

2. Briefly, the facts are that the respondents filed a suit for permanent and prohibitory injunction restraining the petitioner from installing tower Nos. 06408 and 06409 of 400 KW power transmission line being erected between Moga and Bhiwadi (Rajasthan), situated in Village Daulatpur, Tehsil and District Hisar and also restraining the petitioner-defendant from changing the site of shortest route. Along with the suit, an application for interim injunction was filed which was allowed by the trial Court. In appeal by the petitioner before the learned lower appellate court, the order of the trial court was upheld.

3. Learned counsel for the petitioner submitted that vide notification dated 27.11.2003 (Annexure P.1), the petitioner has been notified as a Central Transmission Utility in exercise of powers conferred under Section 38 of the Electri