RSA-6435- IN THE HIG 222 Risalo Thr. h Kapoor Sing CORAM: H Present: - NIDHI GUP 1. judgment an District Jud defendants 31.10.2012 Division), Jh permanent in 2. applications application Jagdish; resp Predecessor the matter 04.04.2019 appellants fo -2014 (O&M) -1- E HIGH COURT OF PUNJAB AND HA RSA Date o Thr. her LRs Jai Narain & others Versus r Singh Thr. his LRs and others M: HON'BLE MS. JUSTICE NIDH None. I GUPTA, J. (ORAL) The appellant-plaintiffs are ent and decree dated 31.01.2014, pass t Judge, Jhajjar, whereby the appe has been allowed setting aside th 2012, passed by the learned Add Jhajjar; and the suit for declaratio nent injunction filed by the appellant The matter pertains to the ye ations for condonation of delay in fili ation for legal representatives of Ri h; respondent Nos. 1, 2 3 and 8, res essor Bench of this Court vide order d atter was adjourned for 04 dates 2019 and 06.09.2019 at the request ants for taking necessary steps as per v ND HARYANA AT CHANDIGARH RSA-6435-2014 (O&M) Date of Decision: 12.11.2025 .… Appellants .... Respondents NIDHI GUPTA in second appeal against the , passed by the learned Additional appeal filed by the respondent- side the judgment and decree dated Additional Civil Judge (Senior laration with consequential relief of llant-plaintiffs was dismissed. the year 2014 and notice in the in filing and re-filing as also in the of Risalo, Bhani, Phoot Pati and 8, respectively was issued by the order dated 24.12.2014. Thereafter, dates i.e. 15.12.2015, 20.03.2017, equest of learned counsel for the s per various office reports to effect the onal ated nior f of the the and the fter, 017, the ffect RISHU KATARIA 2025.11.14 09:37 I attest to the accuracy and authenticity of this order/judgment. RSA-6435- service upon 11.04.2023 non-appeara proxy couns hearing 19.0 following or 3. office report the responde 4. circulated by 5. have exhibit litigation. It -2014 (O&M) -2- e upon the respondents; and on subse 2023 and 07.07.2023, the matter w pearance on behalf of the appellant counsel for the appellant, respectivel g 19.03.2025, notice of motion in the ing order was passed by this Court:- CM-15363-C-2014 and CM-15 Prayer in both the applic the Limitation Act; and Section of delay of 02 days in filing a accompanying appeal, respectiv Heard. For the reasons mentio which are supported by affidav applicant-appellants, the same days in filing and 174 days in appeal is condoned. RSA-6435-2014 (O&M) Notice of motion for 12.1 At the request of learne photocopy as well as the soft duly tagged, indexed and pagin date fixed. By the next date of hea parties shall furnish their resp dates and events in chronologi and list of judgments, if any as of the relevant lower Court reco Pursuant to the notice of mot report dated 11.11.2025 has been rece pondents could not be issued for want Today, a written request for ted by learned counsel for the appellan A bare reading of the above exhibited an utterly casual attitude i ion. It is to be appreciated that very subsequent 02 dates of hearing i.e. tter was adjourned on account of ellant and at the request of learned ively. Finally, on the last date of in the main appeal was issued and 15364-C-2014 plications filed under Section 5 of ction 151 CPC, is for condonation ing and 174 days in re-filing the ectively. ntioned in both the applications fidavits of learned counsel for the ame are allowed; and delay of 02 ys in re-filing the accompanying 12.11.2025. arned counsel for the appellants, soft copy of lower Court records paginated be requisitioned for the hearing, learned counsel for the respective short synopsis, list of ological order, written arguments y as well as the translated copies record.” f motion order reproduced above, en received, as per which notices to r want of process-fee. st for an adjournment has been ppellant. facts shows that the appellants itude in his pursuit of the present t very valuable public time of the i.e. t of rned e of and of on he ns he 02 ng s, ds he he of ts ies ove, s to een sent the RISHU KATARIA 2025.11.14 09:37 I attest to the accuracy and authenticity of this order/judgment. RSA-6435- Court has be the interest o utterly casua nor their cou Thus, this Co non-prosecu 6. 7. 12.11.2025 rishu -2014 (O&M) -3- has been expended in affording oppo terest of justice. On the other hand, th casual and careless approach. It is cl counsel are seriously interested in this Court is left with no other option e rosecution. Ordered accordingly. Pending application(s), if any, s 2025 Whether speaking/reasoned Whether Reportable g opportunities to the appellants in and, the appellants have adopted an It is clear that neither the appellants sted in pursuing the present matter. ption except to dismiss the same for any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No in d an . for RISHU KATARIA 2025.11.14 09:37 I attest to the accuracy and authenticity of this order/judgment.