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High Court of Punjab and Haryana · body

2018 DAILYLAW 5050 (PNJ)

LAXMAN DASS @ MAKHAN LAL v. PREM LAL AND ORS

RSA/4524/2018 · 2026-02-03

Parmod Goyal

body2018

Judgment text

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IN TH 120 Laxman D Prem Lal a CORAM: Present:- NIDHI GU and decree Division), 1/plaintiff h is entitled f No.1(i) alo and respon of the suit p 22.03.2018 whereby th modified o entitled for other half s RSA-4524-2018 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Regular Second Appeal No.45 Date of decision :-21.07.2025 an Dass alias Makhan Lal (since de Versus Lal and others AM:- HON'BLE MS. JUSTICE NI Ms. Sheenam Banchta, Advoc Mr. Rose Gupta, Advocate for the appellants. HI GUPTA J. (Oral) The present appeal has been f decree dated 26.08.2015 passed by le sion), Hisar whereby the Civil Suit fi intiff has been decreed to the effect tha titled for half share of the Suit proper (i) alongwith respondents No.2 to 4 respondent No.5/defendant No.2 are e e suit property; as well as against the 3.2018 passed by learned Addition eby the appeal filed by the appellant/ ified only to the extent that the re led for half share and appellant/defen r half share on the basis of Lease Deed 1 UNJAB AND HARYANA IGARH No.4524 of 2018 (O & M) .2025 nce deceased) through LRs …..Appellants …..Respondents E NIDHI GUPTA Advocate for been filed against the judgment d by learned Civil Judge (Junior Suit filed by the respondent No. fect that respondent No.1/plaintiff property and appellant/defendant to 4/defendant No.1(ii) to (iv) 2 are entitled for other half share the Judgment and Decree dated dditional District Judge, Hisar ellant/defendant No.1(i) has been the respondent No.1/plaintiff is /defendant No.1(i) is entitled for Deed (Ex.P1). VIJAY ASIJA 2025.07.23 09.42 I attest to the accuracy and integrity of this document motion has many as which on 28.11.2023 adjourned o counsel for on behalf counsel fo conferencin declined b counsel for was specifi clear that learned arg passed by t appearance appellants been sough appellants the present time of the appellants have adopt RSA-4524-2018 (O & M) The matter pertains to the y on has not been issued so far. The o as nine times the matter has been h on seven dates i.e. 24.2.2023, 1.2023, 15.4.2024, 22.10.2024 and 2 rned on request of proxy counsel appe sel for the appellants; on 20.8.2019 th ehalf of appellants; and only on 1 sel for the appellants had put in a erencing for preponement of date of h ned by the co-ordinate Bench. On sel for the appellant appeared and p specifically ordered by the co-ordinate that no further adjournment will b ed arguing counsel for the appellants d ed by the co-ordinate Bench of this Co arance, nor argue the matter. Even tod llants is not available and as usual req sought by the proxy counsel for the ap A bare reading of the abo s have exhibited an utterly casua resent litigation. It is to be appreciate of the Court has been expended in aff s in the interest of justice. On the adopted an utterly casual and careles 2 the year 2018 and notice of The order sheets shows that as been listed for hearing, out of .2023, 18.7.2023, 21.11.2023, and 25.3.2025 the matter was el appeared on behalf of arguing 019 there was no representation on 19.3.2021 learned arguing t in appearance through video te of hearing, which request was . On 24.2.2023 when proxy and prayed for adjournment, it rdinate Bench that “…It is made ill be granted”. Despite that llants did not adhere to the order this Court and had neither put in en today arguing counsel for the ual request for adjournment has the appellants. e above facts shows that the casual attitude in the pursuit of reciated that very valuable public in affording opportunities to the On the other hand, the appellants areless approach. It is clear that VIJAY ASIJA 2025.07.23 09.42 I attest to the accuracy and integrity of this document neither the pursuing th option exce July 21, 20 Vijay Asija Whether spea Whether Repo RSA-4524-2018 (O & M) er the appellants nor their counsel ing the present matter. Thus, this C n except to dismiss the same for non Ordered accordingly. Pending application(s), if any, , 2025 r speaking/reasoned Yes / No r Reportable Yes / No 3 unsel are seriously interested in this Court is left with no other r non-prosecution. if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.07.23 09.42 I attest to the accuracy and integrity of this document