IN T 202 Prabhjdeep Municipal CORAM: Present:- NIDHI GU concurrent f the appellan the Courts b predecessor RSA-1985-2015 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Regular Second Appeal No.1985 Date of decision :-11.05.2026 hjdeep Kaur Versus cipal Corporation Amritsar through it AM:- HON'BLE MS. JUSTICE NIDH Mr. A.P. Kaushal, Advocate for the appellant. Mr. Sanjeev Soni, Advocate for I GUPTA J. (Oral) The plaintiff has filed the rrent findings of the learned Courts bel pellant/plaintiff for permanent injunctio ourts below. On 04.9.2018, the following cessor Bench of this Court :- “On August 02, 2 been passed by this Court "Counsel f adjournment. I find tha judgment of the grounds of appe appellate Court ar is mentioned in CM same are placed on Counsel for would place the sa Registry is appeal was passed Adjourned t 1 UNJAB AND HARYANA IGARH o.1985 of 2015 (O & M) …..Appellant ugh its Commissioner, Amritsar …..Respondent NIDHI GUPTA te for the respondent. the present appeal against the rts below whereby the suit filed by unction has been dismissed by both owing order was passed by a 2, 2017, the following order had ourt (co-ordinate Bench):- sel for the respondent seeks an that certified copies of the the trial Court as well as the appeal filed before the lower rt are not on the record though it n CM No.5235-C of 2015 that the ed on record. l for the appellant states that he e same on record. y is directed to explain how this ssed. ned to 15.11.2017." VIJAY ASIJA 2026.05.13 12.11 I attest to the accuracy and integrity of this document dated 25.03 the office re made inasm any applica and decree appeal filed appeal has r behalf of th appellant 10.12.2015, and 01.04.2 Court over a again seeks of almost a essential do RSA-1985-2015 (O & M) Even today, thoug placed on record by the the Registry as to how listing, the certified copy is still not on record. Learned counsel se Adjourned to 22.03 If the needful is no of hearing, the appeal sh dismissed in default.” Thereafter, further opport 25.03.2019 for compliance of the afore ffice report placed on record today, till inasmuch as the learned counsel for the pplication for placing on record the cer ecree passed by the learned trial Cour l filed before the learned lower Appellate A perusal of the order sheets fu l has repeatedly been adjourned either on f of the appellant or due to non-appearan lant on numerous dates including .2015, 01.03.2016, 02.08.2017, 04.09.2 1.04.2024. Despite the aforesaid prolonged over a period of several years, learned c seeks further time to comply with the ord Heard. The present appeal pertains to th ost a decade, the appellant has failed to tial documents required for proper adjud 2 though an explanation has been the concerned dealing official of how the appeal was passed for opy of the trial Courts' judgment sel seeks time to do the needful. 22.03.2019. is not done even by the next date al shall be deemed to have been opportunity was granted vide order e aforesaid order. However, as per y, till date no compliance has been for the appellant has failed to move he certified copies of the judgment l Court as well as the grounds of pellate Court. eets further reveals that the present ther on account of requests made on pearance of learned counsel for the luding 17.07.2015, 14.09.2015, 4.09.2018, 02.09.2019, 25.11.2019 longed indulgence granted by this rned counsel for the appellant today he order dated 02.08.2017. s to the year 2015. Even after lapse iled to place on record the basic and adjudication of the appeal, namely VIJAY ASIJA 2026.05.13 12.11 I attest to the accuracy and integrity of this document the certified grounds of documents and non- demonstrate ordinate Be needful was default. Eve the interest the appellan sheets, furt appearance exhibited a prosecuting remain pend minimum di jurisdiction matter and c of the lis defaults, d seeking any repeatedly a considered RSA-1985-2015 (O & M) ertified copies of the judgment of the ds of appeal before the learned low ents are indispensable for consideratio -production thereof despite repe nstrates complete lack of diligence on the It is significant to note that as far ate Bench of this Court had categorical ul was not done, the appeal shall be deem lt. Even thereafter, further opportunity w terest of justice. However, despite repea pellant has chosen not to comply with th The conduct of the appellant, s, further shows repeated adjournments rance or at the request of learned cou ited a wholly casual, negligent an cuting the present appeal. Judicial procee n pending indefinitely at the instance o um diligence in pursuing their own case It is well settled that a pa iction of this Court is under an obligatio r and comply with procedural requiremen lis. Repeated non-compliance of ju lts, despite grant of adequate opportuniti ng any further indulgence from the Court Valuable judicial time has a tedly accommodating the appellant over dered opinion that no useful purpose wou 3 of the learned trial Court and the ed lower Appellate Court. Such eration of a regular second appeal repeated opportunities clearly on the part of the appellant. t as far back as on 04.09.2018, a co- gorically observed that in case the e deemed to have been dismissed in unity was granted on 25.03.2019 in repeated indulgence by this Court, ith the directions issued. llant, as reflected from the order nments either on account of non- d counsel. The appellant has thus nt and indifferent approach in proceedings cannot be permitted to ance of litigants who fail to show n cases. a party invoking the appellate bligation to diligently prosecute the irements necessary for adjudication of judicial orders and persistent rtunities, disentitle such party from Court. has already been consumed in t over the years. This Court is of the se would now be served by granting VIJAY ASIJA 2026.05.13 12.11 I attest to the accuracy and integrity of this document any further indulgence a that the app and has fai repeated opp non-prosec May 11, 202 Vijay Asija Whether spe Whether Rep RSA-1985-2015 (O & M) urther opportunity to the appellant, w gence already granted on several occasion In view of the above facts and ci appellant is not interested in pursuing as failed to comply with the orders p ted opportunities. Consequently, the present appe rosecution. Pending application(s), if any, sh , 2026 Asija er speaking/reasoned Yes / No er Reportable Yes / No 4 lant, who has failed to avail the ccasions. and circumstances, this Court finds rsuing the present appeal diligently ders passed by this Court despite t appeal is hereby dismissed for any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.13 12.11 I attest to the accuracy and integrity of this document