2025:UHC:4831 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SA/37/2019 Hon’ble Rakesh Thapliyal, J. 1. None appears for the appellants. 2. Mr. K.K. Tiwari and Mr. Suraj Pandey, learned counsel for the respondents. 3. Instant second appeal has been preferred against the judgment and decree dated 06.09.2017 passed by the learned District Judge, Pithoragarh in Civil Appeal No. 08 of 2012 (Devraj Singh Bisht Vs. Devi Singh Adhikari and others) as well as against the judgment and decree dated 23.05.2009 passed by the learned Civil Judge (Senior Division), Pithoragarh in Original Suit No. 06 of 1993 (Devraj Singh Bisht Vs. Devi Singh Adhikari and others). 4. Instant Second Appeal was filed in the year 2019 but till date it has yet not been admitted. 5. From perusal of the order sheet, it reveals that appeal was filed with defects and it was placed before the Registrar (Judicial) on 11.03.2019, 14.03.2019, 18.03.2019, 20.03.2019, 27.03.2019 and 29.03.2019 but no one turn up on behalf of the appellant for removing the defects. Consequently, the matter was placed before the Bench on 01.04.2019 and time was granted to remove the defects but not removed. Again on 07.08.2019, time was granted to remove the defects. 6. This appeal was filed with the delay of 456 days, therefore, on 13.08.2019 time was granted to the respondents to file objection. In compliance thereof, respondents filed their objection. Surprisingly, the defects as pointed out by the Registry was not removed and again on 27.06.2023 and 13.09.2023 time was granted to the appellants to remove the defects but it is very strange till date defects have yet not been removed. 7. In the meantime, appellant no. 1 died, therefore, substitution application was filed, which was allowed on 29.11.2024 and ten days time was granted to the appellants to file amended 2025:UHC:4831 cause title. Thereafter, amended cause title was filed. 8. Today, learned counsel for the appellant is not present. From perusal of the order sheet, it reveals that this second appeal was filed in the year 2019 but till date defects have not been removed and appeal is not admitted as yet. 9. Mr. K.K. Tiwari, learned counsel for the respondents submits that every time appellants are adopting delaying tactics, which is evident from the order sheet. He further submits that there are concurrent findings of both the courts below against the appellants. 10. After hearing Mr. K.K. Tiwari, learned counsel for the respondents and going through with the order sheet, it appears that appellant is not interested to pursue the instant second appeal, which is evident from the fact that the instant appeal was filed in the year 2019 and till date defects, as pointed out by the Registry, have not been removed and the appeal has yet not been admitted. Consequently, appeal is dismissed for non prosecution. (Rakesh Thapliyal, J.) 11.06.2025. SKS 2025:UHC:4831