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High Court of Punjab and Haryana · body

2017 DAILYLAW 3338 (PNJ)

DEVENDARI v. SATISH

RSA/4862/2019 · 2026-03-24

Nidhi Gupta

body2017

Judgment text

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RSA-4862- IN THE HIG 113 Devendari Satish CORAM: H Present: - NIDHI GUP 1. judgment of District Judg was partly 13.01.2017 performance consequentia decreed. 2. issued. Peru present appe hearing i.e. o was adjourn one date i.e. non-appeara -2019 (O&M) -1- E HIGH COURT OF PUNJAB AND HA RSA Date o Versus M: HON'BLE MS. JUSTICE NIDH None. I GUPTA, J. (ORAL) The appellant-defendant is in ent of reversal dated 14.05.2019 pass t Judge, Palwal whereby the appeal fil artly allowed, setting aside the j 2017 passed by the learned trial C mance by way of possession and uential relief thereof filed by the re The matter pertains to the year Perusal of the order-sheet(s) reveals t appeal was listed for hearing 05 time g i.e. on 28.02.2024, 13.08.2024, 18.1 djourned at the request of learned cou te i.e. 10.10.2023, the present appeal pearance on behalf of the appellant. ND HARYANA AT CHANDIGARH RSA-4862-2019 (O&M) Date of Decision: 24.03.2026 .… Appellant .... Respondent NIDHI GUPTA is in second appeal against the 9 passed by the learned Additional peal filed by the plaintiff/respondent the judgment and decree dated trial Court; and suit for specific and permanent injunction as a the respondent-plaintiff was partly e year 2019 and notice is yet to be reveals that since the inception, the 5 times, out of which on 04 dates of , 18.12.2024 and 11.09.2025 matter d counsel for the appellant; and on appeal was adjourned on account of On 18.12.2024, when this case the onal dent ated cific s a artly o be , the s of atter d on t of case RISHU KATARIA 2026.03.25 18:21 I attest to the accuracy and authenticity of this order/judgment. RSA-4862- listed for hea of this Court 3. 18.12.2024 date. Furthe hearing i.e. 1 instructions ordered to be 4. as per which served throu appearance o twice. 5. the appellant -2019 (O&M) -2- for hearing, following order has been p Court:- “Present appeal pertain same has repeatedly been adjo for the appellant. Today again has been made on behalf of appellant on the ground that he Though no ground is ma case, however in the intere 11.09.2025 subject to paymen deposited with the High Court L It is made clear that pe shall not be an impediment execution proceedings, if any, b As per office report, costs of ₹ 2024 reproduced above, has not been Further, perusal of the order-sheet re g i.e. 11.09.2025, learned counsel for tions’ in the matter, accordingly, d to be issued. Pursuant thereto, office report 1 which notice issued to the sole appe through her husband, but despite rance on behalf of the appellant, despi In view of the aforesaid premis pellant would be a futile exercise. It ap been passed by a co-ordinate Bench rtains to the year 2019 and the adjourned on request of counsel ain a request for an adjournment f of the arguing counsel for the t he is in personal difficulty. s made out to further adjourn the terest of justice, adjourned to ment of Rs.5000/- as costs to be urt Lawyers’ Welfare Fund. t pendency of the present appeal ent in the continuation of the ny, before the Court concerned.” ₹5000/- in terms of order dated t been deposited by the appellant till eet reveals that on the last date of el for the appellant had pleaded ‘no ngly, notice to the appellant was eport 19.03.2026 has been received e appellant has been received back spite that today, none has put in , despite the case having been called premise, issuance of fresh notice to e. It appears that due to pendency of he sel nt he he to be al he ated t till e of no was ived ack t in lled to y of RISHU KATARIA 2026.03.25 18:21 I attest to the accuracy and authenticity of this order/judgment. RSA-4862- the present years, the ap has been ma appellant is 6. for non-pro 7. 24.03.2026 rishu -2019 (O&M) -3- esent second appeal before this Cou the appellant has lost interest in purs en made by her to contact her counsel is not seriously interested in pursui Accordingly, the instant regula prosecution. Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable s Court for a period of around 07 n pursuing the same, as no attempt ounsel. It is, therefore, clear that the pursuing the present matter. regular second appeal is dismissed any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No mpt t the ssed RISHU KATARIA 2026.03.25 18:21 I attest to the accuracy and authenticity of this order/judgment.