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

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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 Specific Relief Act was

not raised in an application under Order VII Rule 11d CPC

and that being the position, the appellate court could not

have held that the suit is maintainable despite the bar

contained under Section 20A of the Specific Relief Act.

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3. Whether the suit is maintainable in view of

Section 20A of the Specific Relief Act is to be adjudicated

by the trial Court after recording evidence. Thus, without

expressing any opinion on the implication of Section 20A of

the Specific Relief Act on the suit, the observations made

in paragraph 28 of the impugned order is set-aside.

However, the remaining portion of the order is sustained

and the trial Court shall decide the suit in accordance with

law without being influenced by any observations made in

respect of the contentions under Section 20A of the

Specific Relief Act.

With these observations, the appeal is disposed of.

Sd/-

JUDGE

brn