IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 392 of 2007 Reserved on: 12.03.2026 Date of Decision: 24.04.2026 HPSEB & others ...Appellants Versus Rakesh ...Respondent _____________________________________

Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the appellants : Ms Sunita Sharma, Senior Advocate C with Mr Mohit Sankhyan, Advocate.

For the respondent : Mr Vinod Kumar Gupta, Advocate.

Rakesh Kainthla, Judge H The present appeal is directed against the judgment and decree dated 21.06.2007, passed by the learned Additional District Judge, Shimla, H.P. (Learned Appellate Court) vide which the judgment and decree dated 28.10.2005, passed by the learned Civil Judge (Senior Division), Chopal, District Shimla, H.P. (learned Trial Court)

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

were set aside. (For the sake of convenience, the parties shall be referred to in the same manner as they were arrayed before the learned Trial court.

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before the learned Trial Court seeking a decree of permanent prohibitory injunc