IOIN-RSA RSA-5479- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 Wazir Chand Kishore Chand and another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. for completion of service the present appeal is pending for completion of service upon respondent(s) since the year 2012. for hearing today itself. 2. judgment and decree dated District Judge 2/respondent No. 2 herein decree of the lear extent that the relief of specific performance of Agreement dated 14.12.1994 given in favour of the plaintiff was withdrawn and he was held entitle defendant No. 1 along with interest @ 12% per annum from the date of taking over the amount RSA-5479-2003 in/and -2003 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IOIN RSA Date of Decision: Wazir Chand Versus Kishore Chand and another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None. NIDHI GUPTA, J. (ORAL) The present appeal has been listed under the for completion of service. However, perusal of order the present appeal is pending for completion of service upon respondent(s) since the year 2012. As such, the main appeal is taken up for hearing today itself. The appellant-plaintiff is in second appeal against the judgment and decree dated 09.08.2003, passed by the learned Additional District Judge, Ludhiana, vide which the appeal filed by 2/respondent No. 2 herein was partly allowed of the learned trial Court dated 22.10.2001 was modified to the extent that the relief of specific performance of Agreement dated 14.12.1994 given in favour of the plaintiff was withdrawn and he was held entitled to get refund of the earnest money of defendant No. 1 along with interest @ 12% per annum from the date of taking over the amount till the date of institution of the suit. Further, the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH IOIN-RSA-5479-2003 in/and RSA-5479-2003 (O&M) Date of Decision: 06.08.2025 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA The present appeal has been listed under the IOIN Category perusal of order-sheets reveals that the present appeal is pending for completion of service upon As such, the main appeal is taken up in second appeal against the , passed by the learned Additional e which the appeal filed by defendant No. partly allowed; and the judgment and 22.10.2001 was modified to the extent that the relief of specific performance of Agreement dated 14.12.1994 given in favour of the plaintiff was withdrawn and he was to get refund of the earnest money of ₹1,00,000/- from defendant No. 1 along with interest @ 12% per annum from the date of till the date of institution of the suit. Further, the reveals that the present appeal is pending for completion of service upon As such, the main appeal is taken up in second appeal against the , passed by the learned Additional defendant No. and the judgment and 22.10.2001 was modified to the extent that the relief of specific performance of Agreement dated 14.12.1994 given in favour of the plaintiff was withdrawn and he was from defendant No. 1 along with interest @ 12% per annum from the date of till the date of institution of the suit. Further, the RISHU KATARIA 2025.08.08 18:23 I attest to the accuracy and authenticity of this order/judgment. IOIN-RSA RSA-5479- plaintiff was also held entitled to future interest @ 6% per annum from the date of institution of the amount from defendant No. 1. 3. back vide order dated vide letter was requested to respondent No. 2 within a fortnight by learned counsel for the appellant and accordingly, the present second appeal was listed for hearing under the on 21.12.2012, for completion of service upon respondent No. 2. Thereafter, the matter was listed for hearing under the aforesaid category 03 times i.e. on 14.05.2013, 16.08.2013 and had not been done by learned counsel for the appellant. Learned counsel for the appellant moved an application (CM on record the LRs of respondent No. 1 by a co-ordinate Be notices to the newly added respondents furnishing of process fee and addresses of the said LRs. 4. following order RSA-5479-2003 in/and -2003 (O&M) -2- plaintiff was also held entitled to future interest @ 6% per annum from the date of institution of the suit till the date of final payment of decretal amount from defendant No. 1. The matter pertains to the year back vide order dated 19.02.2004. As per office report dated 05.12.2012 vide letter No. 1984 dated 19.10.2012, learned counsel for the appellant was requested to deposit process-fee along with respondent No. 2 within a fortnight. However, the needful was not done by learned counsel for the appellant and accordingly, the present second peal was listed for hearing under the IOIN Category on 21.12.2012, for completion of service upon respondent No. 2. Thereafter, the matter was listed for hearing under the aforesaid category 03 times i.e. on 14.05.2013, 16.08.2013 and had not been done by learned counsel for the appellant. Learned counsel for the appellant moved an application (CM on record the LRs of respondent No. 1-Kishore Chand which was allowed ordinate Bench of this Court vide order dated notices to the newly added respondents were also ordered to be issued on furnishing of process fee and addresses of the said LRs. On 24.04.2015, when this case was listed for hearing, following order was passed by a co-ordinate Bench of this Court: “CM No. 4280-C-2015 CM is allowed and LRs of appellant No. 1 are brought on record subject to just exceptions. RSA No. 5479-2003 Mr. Bikramjit Singh Randhawa, Advocate appears for respondent No. 1. Vakalatnama is taken on record. plaintiff was also held entitled to future interest @ 6% per annum from suit till the date of final payment of decretal the year 2003 and was admitted way As per office report dated 05.12.2012, , learned counsel for the appellant fee along with fresh address of unserved . However, the needful was not done by learned counsel for the appellant and accordingly, the present second IOIN Category for the first time on 21.12.2012, for completion of service upon respondent No. 2. Thereafter, the matter was listed for hearing under the aforesaid category 03 times i.e. on 14.05.2013, 16.08.2013 and 10.01.2014, but the needful had not been done by learned counsel for the appellant. Learned counsel for the appellant moved an application (CM-4650-C-2014) for bringing Kishore Chand which was allowed nch of this Court vide order dated 18.02.2015 and were also ordered to be issued on furnishing of process fee and addresses of the said LRs. On 24.04.2015, when this case was listed for hearing, ordinate Bench of this Court:- CM is allowed and LRs of appellant No. 1 are brought on record subject to just exceptions. Mr. Bikramjit Singh Randhawa, Advocate appears for tnama is taken on record. plaintiff was also held entitled to future interest @ 6% per annum from suit till the date of final payment of decretal way , , learned counsel for the appellant fresh address of unserved . However, the needful was not done by learned counsel for the appellant and accordingly, the present second for the first time on 21.12.2012, for completion of service upon respondent No. 2. Thereafter, the matter was listed for hearing under the aforesaid category .01.2014, but the needful had not been done by learned counsel for the appellant. Learned counsel 2014) for bringing Kishore Chand which was allowed 18.02.2015 and were also ordered to be issued on On 24.04.2015, when this case was listed for hearing, CM is allowed and LRs of appellant No. 1 are brought Mr. Bikramjit Singh Randhawa, Advocate appears for RISHU KATARIA 2025.08.08 18:23 I attest to the accuracy and authenticity of this order/judgment. IOIN-RSA RSA-5479- 5. for the appellant vide e requested to take steps to complete the service qua respondent No. 1(b), however, the needful has not been done, accordingly, the present appeal has been again listed under the 6. was passed by this Court: 7. received which reads as follows: Respondent No. 1(a) Respondent No. 1(b) Respondent No. 2 8. have been duly informed through e today none has put in appearance on behalf of either of the parties, despite the case having been called twice. 9. filing of the instant appeal, the appellant utterly casual attitude in RSA-5479-2003 in/and -2003 (O&M) -3- Service is complete. List as per its turn” Now, as per office report dated for the appellant vide e-mail(s) dated 30.05.2025 requested to take steps to complete the service qua respondent No. 1(b), the needful has not been done, accordingly, the present appeal has been again listed under the IOIN Category. On the last date of hearing i.e. was passed by this Court:- “Learned counsel for both the parties have been duly informed through their respective e has put in appearance on behalf of the parties. In the interest of justice, adjourned t making in clear that it shall be the last opportunity to address argument.” Pursuant thereto, office report dated received which reads as follows:- Respondent No. 1(a) Represented through counsel Mr. Bikramjit Singh Randhawa. Respondent No. 1(b) Died. Respondent No. 2 Represented through Counsel Mr. PS Rana, vide order dated 18.02.2015. It has also been reported that learned counsel for the parties have been duly informed through e-mails about the date fixed. today none has put in appearance on behalf of either of the parties, despite the case having been called twice. From the above facts it is clear that right since the inception/ filing of the instant appeal, the appellant casual attitude in his pursuit of the Service is complete. List as per its turn” Now, as per office report dated 02.07.2025, learned counsel 30.05.2025 and 17.06.2025 was requested to take steps to complete the service qua respondent No. 1(b), the needful has not been done, accordingly, the present appeal IOIN Category. On the last date of hearing i.e. 23.07.2025, following order “Learned counsel for both the parties have been duly informed through their respective e-mails. However, nobody has put in appearance on behalf of the parties. In the interest of justice, adjourned to 06.08.2025, making in clear that it shall be the last opportunity to Pursuant thereto, office report dated 21.07.2025 has been Represented through counsel Mr. Bikramjit Singh Represented through Counsel Mr. PS Rana, vide 18.02.2015. It has also been reported that learned counsel for the parties mails about the date fixed. However, today none has put in appearance on behalf of either of the parties, despite it is clear that right since the inception/ filing of the instant appeal, the appellant has exhibited an present litigation. It is clear 02.07.2025, learned counsel and 17.06.2025 was requested to take steps to complete the service qua respondent No. 1(b), the needful has not been done, accordingly, the present appeal “Learned counsel for both the parties have been duly mails. However, nobody o 06.08.2025, making in clear that it shall be the last opportunity to 21.07.2025 has been Represented through counsel Mr. Bikramjit Singh Represented through Counsel Mr. PS Rana, vide It has also been reported that learned counsel for the parties However, today none has put in appearance on behalf of either of the parties, despite exhibited an RISHU KATARIA 2025.08.08 18:23 I attest to the accuracy and authenticity of this order/judgment. IOIN-RSA RSA-5479- that neither the appellant nor pursuing the present matter. notice to appellant or his LRs due to sheer long pendency of the present second appeal before this Court for a period of more than interest in pursuing the same. except to dismiss 10. 11. stand disposed of. 06.08.2025 rishu RSA-5479-2003 in/and -2003 (O&M) -4- that neither the appellant nor his counsel pursuing the present matter. In the aforesaid premise, issuance of fresh appellant or his LRs would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court for a period of more than 22 years, the appellant or his LRs have interest in pursuing the same. Thus, this Co dismiss present second appeal, for non Ordered accordingly. IOIN as well as pending application(s), if any, shall also stand disposed of. .08.2025 Whether speaking/reasoned Whether Reportable counsel is seriously interested in In the aforesaid premise, issuance of fresh would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court appellant or his LRs have lost Thus, this Court is left with no other option present second appeal, for non-prosecution. ending application(s), if any, shall also ( NIDHI GUPTA ) JUDGE Yes/No Yes/No seriously interested in In the aforesaid premise, issuance of fresh would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court lost urt is left with no other option RISHU KATARIA 2025.08.08 18:23 I attest to the accuracy and authenticity of this order/judgment.