The appellant in this case has questioned the order

dated 28.01.2020 passed in R.A.35/2016 on the file of the

Additional Senior Civil Judge, Basavana Bagewadi. In

terms of the impugned order, the appellate judge has set-

aside the order passed by the trial Court which was passed

on an application I.A. VIII, under Order VII Rule 11(d)

CPC. In terms of the said order passed on the said

application, the trial Judge held that the suit is not

maintainable in view of the bar contained under Section

3

145 of Indian Electricity Act, 2003. The appellate Court

after considering the provision of Section 145 of Indian

Electricity Act has come to the conclusion Section 145 is

not a bar to institute a suit for injunction before the Civil

Judge. The bar is only in respect of matters covered

under Sections 125 and 126 of the Indian Electricity Act.

While allowing the said appeal, learned appellate Judge

has also referred to Section 20A of the Specific Relief Act

and has given a finding in para.28 to the effect that bar in

Section 20A is also not applicable.

2. Learned counsel for the appellant would submit

that the impugned order is erroneous inasmuch as the

defence under Section 20A of the