Hemant Gupta, J.@mdashThe Plaintiffs are in revision aggrieved against an order dated 17.05.2011 passed by the learned Additional Civil Judge
(Senior Dvision), Kaithal, whereby the application under Order 39 Rule 1 and 2, restraining the Defendants from illegally erecting the poles/towers
of high transmission lines has been dismissed. The appeal against the said order has also been dismissed by the learned District Judge, Kaithal vide
order dated 07.06.2011.
2 .It has been found by both the courts below that the Defendants are installing transmission lines in pursuance of the notification issued u/s 164 of
the Electricity Act, 2003. After returning such finding, the learned Its Appellate Court has also Civil Revision No. 3938 of 2011 (O&M) observed
that if after evidence is led by the parties, the court comes to the conclusion that the Defendants have erected transmission lines against the
sanctioned scheme, the Plaintiffs shall be at liberty to get such lines shifted at the cost of the Defendants.
3. In view of the above, the present revision petition is disposed of as such.
