IN THE HIGH COURT OF PUNJAB AND HARYANA 206 Smt. Gayatri Devi and another Shri Ashok Kumar CORAM: Present:- NIDHI GUPTA J. (Oral) against the concurrent findings of the learned Courts below whereby the suit filed by the for possession by way of partition has been decreed. counsel for the appellants prayed for issuance of fresh notices to the appellants as learned counsel earlier representing the appellants had been elevated to the Bench of respondent also prayed for issuance of fresh notice to the respondent as he had no fresh instructions in the matter. RSA-3482-2001 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.3482 of 2001 Date of decision :-17.07.2025 Smt. Gayatri Devi and another Versus Shri Ashok Kumar CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Akash Jain, Advocate for the appellants. Mr. A.P. Bhandari, Advocate with Ms. Bhargavi, Advocate for the respondent. NIDHI GUPTA J. (Oral) The appellants-defendants h against the concurrent findings of the learned Courts below whereby the suit filed by the respondent/plaintiff for for possession by way of partition has been decreed. The matter pertains to the year On the last date of hearing i.e. 07.4.2025, learned counsel for the appellants prayed for issuance of fresh notices to the appellants as learned counsel earlier representing the appellants had been elevated to the Bench of this Court. Learned counsel for the respondent also prayed for issuance of fresh notice to the respondent as he had no fresh instructions in the matter. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.3482 of 2001 (O & M) .2025 …..Appellants …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Akash Jain, Advocate for the appellants. A.P. Bhandari, Advocate with have filed the present appeal against the concurrent findings of the learned Courts below whereby /plaintiff for rendition of account and for possession by way of partition has been decreed. r pertains to the year 2001. On the last date of hearing i.e. 07.4.2025, learned counsel for the appellants prayed for issuance of fresh notices to the appellants as learned counsel earlier representing the appellants had this Court. Learned counsel for the respondent also prayed for issuance of fresh notice to the respondent as he had no fresh instructions in the matter. VIJAY ASIJA 2025.07.18 16.42 I attest to the accuracy and integrity of this document served because of incomplete address. of the said position, he has no instructions from the appellants. responden appellants long pende more than same, as no attempt has been made by or to engage a new counsel. the instant appeal is dismissed for non appellants months from today for reviving the same, if so, advised. July 17, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No RSA-3482-2001 (O & M) As per office report, appellants No.1 and 2 could not be served because of incomplete address. Learned counsel for the appellants submits that because of the said position, he has no instructions from the appellants. nt also remains unserved as not In the aforesaid premise, issuance of fresh notice to the s 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 appellants have lost interest in pursuing the same, as no attempt has been made by them or to engage a new counsel. Be that as it may, in view of the instant appeal is dismissed for non-prosecution, with liberty to the s, to move an appropriate application within a period of 0 months from today for reviving the same, if so, advised. Pending application(s), if any, shall stands disposed of. , 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 As per office report, appellants No.1 and 2 could not be rned counsel for the appellants submits that because of the said position, he has no instructions from the appellants. Sole t residing at given address. In the aforesaid premise, issuance of fresh notice to the would be a futile exercise. It appears that due to sheer ppeal before this Court for a period of lost interest in pursuing the them to contact their counsel the foregoing circumstances, prosecution, with liberty to the , to move an appropriate application within a period of 02 months from today for reviving the same, if so, advised. if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.07.18 16.42 I attest to the accuracy and integrity of this document