IN THE HIGH COURT OF PUNJAB AND HARYANA 331 Radha Charan Chander CORAM: Present:- NIDHI GUPTA J. (Oral) present second appeal assailing the judgment and decree dated 26.04.2023 passed by the learned first Appellate Court, Palwal, whereby the appeal allowed and the judgment and decree dated 25.09.2019 passed by the learned Civil Judge (Junior Division), Hathin, dismissing the suit, was set aside and the suit of the plaintiffs/respondents came to be decreed. dated 18.7.2023 notice of motion was issued and the operation of the judgment and decree dated 26.4.2023 passed by the learned Additional District Judge, Palwal, was ordered to be stayed by a co ordinate Bench of this Court. On the last date of hearing i.e. RSA-2115-2023 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.2115 of 2023 Date of decision :-21.05.202 Radha Charan Versus Chander Singh and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA None for the appellant. Mr. Jagdish Manchanda, Sr. Advocate with Mr. Nischal Chetanya Manchanda, Advocate Mr. Saksham Kaushik, Advocate and Mr. Vipul Thakur, Advocate for the respondents. NIDHI GUPTA J. (Oral) The plaintiffs/respondents are before this Court in the present second appeal assailing the judgment and decree dated 26.04.2023 passed by the learned first Appellate Court, Palwal, whereby the appeal preferred by the defendants/appellants was allowed and the judgment and decree dated 25.09.2019 passed by the learned Civil Judge (Junior Division), Hathin, dismissing the suit, was set aside and the suit of the plaintiffs/respondents came to be decreed. The matter pertains to the year 2023 and vide order dated 18.7.2023 notice of motion was issued and the operation of the judgment and decree dated 26.4.2023 passed by the learned Additional District Judge, Palwal, was ordered to be stayed by a co e Bench of this Court. On the last date of hearing i.e. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.2115 of 2023 (O & M) .2026 …..Appellant …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Jagdish Manchanda, Sr. Advocate with Mr. Nischal Chetanya Manchanda, Advocate Mr. Saksham Kaushik, Advocate and Advocate for the respondents. The plaintiffs/respondents are before this Court in the present second appeal assailing the judgment and decree dated 26.04.2023 passed by the learned first Appellate Court, Palwal, preferred by the defendants/appellants was allowed and the judgment and decree dated 25.09.2019 passed by the learned Civil Judge (Junior Division), Hathin, dismissing the suit, was set aside and the suit of the plaintiffs/respondents came to be decreed. The matter pertains to the year 2023 and vide order dated 18.7.2023 notice of motion was issued and the operation of the judgment and decree dated 26.4.2023 passed by the learned Additional District Judge, Palwal, was ordered to be stayed by a co- e Bench of this Court. On the last date of hearing i.e. VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document 19.12.2025 there was no representation on behalf of appellant despite the case having been called twice. The matter was adjourned and the Registry was directed to inform learned counsel for the appellant about the next date. taken up for hearing immediately after the urgent cases. Office report depicts that in compliance of the said order dated 19.12.2025, learned counsel for the appellant has been informed vide off No.8419 dated 26.12.2025. Despite that, today no one is present to represent the appellant. appellant ha present litigation. It is to of the Court has been expended in affording opportunities to the appellant in the interest of justice. On the other hand, the appellant has adopted an utterly casual and careless approach. It is clear that neither the appellant nor pursuing the present matter. Thus, this Court is left with no other option except to May 21, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No RSA-2115-2023 (O & M) 19.12.2025 there was no representation on behalf of appellant despite the case having been called twice. The matter was adjourned and the Registry was directed to inform learned counsel for the lant about the next date. The matter was also ordered to be taken up for hearing immediately after the urgent cases. Office report depicts that in compliance of the said order dated 19.12.2025, learned counsel for the appellant has been informed vide off No.8419 dated 26.12.2025. Despite that, today no one is present to represent the appellant. A bare reading of the above facts shows that the appellant has exhibited an utterly casual attitude in the pursuit of the present litigation. It is to be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellant in the interest of justice. On the other hand, the appellant adopted an utterly casual and careless approach. It is clear that either the appellant nor his counsel are seriously interested in pursuing the present matter. Thus, this Court is left with no other option except to dismiss the same for non Ordered accordingly. Pending application(s), if any, shall , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 19.12.2025 there was no representation on behalf of appellant despite the case having been called twice. The matter was adjourned and the Registry was directed to inform learned counsel for the The matter was also ordered to be taken up for hearing immediately after the urgent cases. Office report depicts that in compliance of the said order dated 19.12.2025, learned counsel for the appellant has been informed vide office letter No.8419 dated 26.12.2025. Despite that, today no one is present to A bare reading of the above facts shows that the exhibited an utterly casual attitude in the pursuit of the be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellant in the interest of justice. On the other hand, the appellant adopted an utterly casual and careless approach. It is clear that counsel are seriously interested in pursuing the present matter. Thus, this Court is left with no other the same for non-prosecution. Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document