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2025 DAILYLAW 41018 (PNJ)

PARKASHWATI AND ORS v. MOHANLAL AND ORS

RSA/1135/2001 · 2025-08-08

Nidhi Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 201 Smt. Parkashwati and others Mohan Lal and others CORAM: Present:- NIDHI GUPTA J. (Oral) against the concurrent findings of the learned Courts below whereby suit filed by the respondent No.1/plaintiff for mandatory injunction was decreed. passed by co RSA-1135-2001 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.1135 of 2001 (O & M) Date of decision :-08.08.2025 Smt. Parkashwati and others Versus Mohan Lal and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA None. NIDHI GUPTA J. (Oral) The appellants/defendants have filed the present appeal against the concurrent findings of the learned Courts below whereby suit filed by the respondent No.1/plaintiff for mandatory injunction was On the last date of hearing i.e. 02.5.2025 passed by co-ordinate Bench of this Court :- “After being admitted way back on 11.08.2003, this appeal has been listed today for the first time. It is noticed that Sh. N.D. Achnit, Advocate through whom this appeal was filed, has since expired. Registry has also informed that respondent No.1 has since expired whereas counsel who was representing respondent No.2 has been appointed as State counsel.Notice fo Respondent Nos.3 and 4 could not be issued for want of correct address. In view of the aforesaid circumstances, let fresh notices be issued to the appellants, as well as respondent Nos.2 to 4. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.1135 of 2001 (O & M) …..Appellants …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA The appellants/defendants have filed the present appeal against the concurrent findings of the learned Courts below whereby the suit filed by the respondent No.1/plaintiff for mandatory injunction was On the last date of hearing i.e. 02.5.2025 following order was “After being admitted way back on 11.08.2003, s been listed today for the first time. It is noticed that Sh. N.D. Achnit, Advocate through whom this appeal was filed, has since expired. Registry has also informed that respondent No.1 has since expired whereas counsel who was representing .2 has been appointed as State counsel.Notice fo Respondent Nos.3 and 4 could not be issued for want of correct address. In view of the aforesaid circumstances, let fresh notices be issued to the appellants, as well as VIJAY ASIJA 2025.08.13 21.22 I attest to the accuracy and integrity of this document Appellants No.1 to 6 Respondent No.1 Respondent No.2 Respondents No.3 and 4 parties would be a futile ex pendency of the present appeal before this Court for a period of more than 24 years, the parties have lost interest in pursuing the same, as no attempt has been made by them to contact their counsel or to engage a instant appeal is appropriate application within a period of 02 months from today for reviving the same, if so, advised. August 08 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No RSA-1135-2001 (O & M) The appellants will also move an appropriate application to bring on record the legal representatives of the deceased respondent No.1; and will also furnish the latest and correct addresses of respondent Nos.3 and 4. Adjourned to 08.08.2025.” The office report has been received as follows : Appellants No.1 to 6 Unserved with the report that no such persons reside at the given address. Respondent No.1 Already died. No CM for impleading LRs is received so far. Respondent No.2 Served through receipt clerk. Respondents No.3 and 4 Fresh notice for 08.8.2025 not issued as learned counsel did not furnish the fresh and correct address in compliance of order dated 02.5.2025. In the aforesaid premise, issuance of fresh notice to the parties would be a futile exercise. It appears that due to sheer long pendency of the present appeal before this Court for a period of more than 24 years, the parties have lost interest in pursuing the same, as no attempt has been made by them to contact their counsel or to engage a Be that as it may, in view of the foregoing circumstances, the instant appeal is disposed of, with liberty to the parties, to move an appropriate application within a period of 02 months from today for reviving the same, if so, advised. Copy of this order be sent to the parties. Pending application(s), if any, shall stands disposed of. 8, 2025 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 s will also move an appropriate application to bring on record the legal representatives of the deceased respondent No.1; and will also furnish the latest and correct addresses of respondent Nos.3 and 4. Adjourned to 08.08.2025.” en received as follows :- Unserved with the report that no such persons reside at the given address. Already died. No CM for impleading LRs is Served through receipt clerk. Fresh notice for 08.8.2025 not issued as learned counsel did not furnish the fresh and correct address in compliance of order dated 02.5.2025. In the aforesaid premise, issuance of fresh notice to the ercise. It appears that due to sheer long pendency of the present appeal before this Court for a period of more than 24 years, the parties have lost interest in pursuing the same, as no attempt has been made by them to contact their counsel or to engage a new counsel. Be that as it may, in view of the foregoing circumstances, the , with liberty to the parties, to move an appropriate application within a period of 02 months from today for Copy of this order be sent to the parties. Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.08.13 21.22 I attest to the accuracy and integrity of this document