RSA-4173- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 209 Gurdas Singh Surinder Kaur CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) concurrent findings rendered by both the Court below whereby the suit permanent injunction hearing in the year 2007. appellant and respondent No. 1 have been received back with the report ‘died’; whereas notices issued to respondents No. 2, 3 and 5 have been received back duly served and through brother, respectiv none has put in appearance on their behalf. It is further reported that notice issued to respondent No. 4 has been received back with the report ‘out of country’. counsel earlier representi Bench of this Court. would be a futile exercise. It appears that due to sheer long pendency of -2001 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Gurdas Singh Versus Surinder Kaur and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None. NIDHI GUPTA, J. (ORAL) The appellant-defendant is in concurrent findings rendered by both the Court below whereby the suit permanent injunction filed by the respondent The matter pertains to the year hearing in the year 2007. As per office report dated 17.05.2025, notices issued the appellant and respondent No. 1 have been received back with the report ; whereas notices issued to respondents No. 2, 3 and 5 have been received back duly served and through brother, respectiv none has put in appearance on their behalf. It is further reported that notice issued to respondent No. 4 has been received back with the report ‘out of country’. Perusal of the order-sheets reveals that the learned counsel earlier representing the parties have now been elevated to the Bench of this Court. In the aforesaid premise, issuance of fresh notice to would be a futile exercise. It appears that due to sheer long pendency of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-4173-2001 (O&M) Date of Decision: 19.05.2025 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA defendant is in second appeal against the concurrent findings rendered by both the Court below whereby the suit for filed by the respondent-plaintiffs was decreed. The matter pertains to the year 2001 and was lastly listed for As per office report dated 17.05.2025, notices issued the appellant and respondent No. 1 have been received back with the report ; whereas notices issued to respondents No. 2, 3 and 5 have been received back duly served and through brother, respectively. However, none has put in appearance on their behalf. It is further reported that notice issued to respondent No. 4 has been received back with the report sheets reveals that the learned ng the parties have now been elevated to the In the aforesaid premise, issuance of fresh notice to appellant would be a futile exercise. It appears that due to sheer long pendency of for 2001 and was lastly listed for As per office report dated 17.05.2025, notices issued the appellant and respondent No. 1 have been received back with the report ; whereas notices issued to respondents No. 2, 3 and 5 have been ely. However, none has put in appearance on their behalf. It is further reported that notice issued to respondent No. 4 has been received back with the report sheets reveals that the learned ng the parties have now been elevated to the would be a futile exercise. It appears that due to sheer long pendency of RISHU KATARIA 2025.05.20 17:13 I attest to the accuracy and authenticity of this order/judgment. RSA-4173- the present second appeal before this Court for a years, the appellant no attempt has been made by counsel or to engage a new counsel. instant regular second appeal is liberty to appropriate application within a period of 0 reviving the same, if so, advised. 19.05.2025 rishu -2001 (O&M) -2- the present second appeal before this Court for a appellant or his LRs have lost interest in pursuing the same, as no attempt has been made by the appellant or his LRs counsel or to engage a new counsel. Be that as it may, in view of the foregoing circumstances, the instant regular second appeal is dismissed for non liberty to the LRs of the deceased-appellant appropriate application within a period of 0 reviving the same, if so, advised. Pending application(s), if any, shall stands disposed of. .2025 Whether speaking/reasoned Whether Reportable the present second appeal before this Court for a period of more than 24 lost interest in pursuing the same, as the appellant or his LRs to contact his Be that as it may, in view of the foregoing circumstances, the dismissed for non-prosecution, with appellant, if any, to move an appropriate application within a period of 06 months from today for Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No lost interest in pursuing the same, as s Be that as it may, in view of the foregoing circumstances, the with to move an oday for RISHU KATARIA 2025.05.20 17:13 I attest to the accuracy and authenticity of this order/judgment.