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2025 DAILYLAW 43795 (PNJ)

GRAM PANCHAYAT VILL. JAGRAL v. GURDAS SINGH

RSA/4805/2001 · 2025-07-14

Nidhi Gupta

body2025

Judgment text

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RSA-4805- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 211 Gram Panchayat, Village Jagral Gurdas Singh CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. judgments and decrees of both the Courts below whereby the suit for permanent injunction filed by the 2. hearing 07.04.2025, when this case was listed before this Court, following order was passed: -2001 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Gram Panchayat, Village Jagral Versus Gurdas Singh and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kanwaljit Singh, Senior Advocate with Ms. Anchal Kathuria, for the appellant None for the respondents. NIDHI GUPTA, J. (ORAL) Appellant-Gram Panchayat, is in judgments and decrees of both the Courts below whereby the suit for permanent injunction filed by the respondent The matter pertains to the year 2001 and hearing 07.04.2025, when this case was listed before this Court, following order was passed:- “Learned Senior Counsel for the appellant submits that the matter has come for hearing after the year 2005 and he has no fresh instructions in the matter as s that fresh notice be issued to the appellant. Learned counsel appearing for the respondents submits that all the 03 respondents have expired and prays for time to moved and appropriate application for bringing on record their LRs. In view of the above and in the interest of justice, let actual date of hearing notice be issued to the appellant Gram Panchayat for 14.07.2025. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-4805-2001 (O&M) Date of Decision: 14.07.2025 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kanwaljit Singh, Senior Advocate with Ms. Anchal Kathuria, for the appellant-Gram Panchayat. Gram Panchayat, is in second appeal against the judgments and decrees of both the Courts below whereby the suit for respondent-plaintiffs was decreed. The matter pertains to the year 2001 and on the last date of hearing 07.04.2025, when this case was listed before this Court, following Learned Senior Counsel for the appellant submits that the matter has come for hearing after the year 2005 and he has no fresh instructions in the matter as such, it is prayed that fresh notice be issued to the appellant. Learned counsel appearing for the respondents submits that all the 03 respondents have expired and prays for time to moved and appropriate application for bringing of the above and in the interest of justice, let actual date of hearing notice be issued to the appellant- Gram Panchayat for 14.07.2025.” second appeal against the judgments and decrees of both the Courts below whereby the suit for of hearing 07.04.2025, when this case was listed before this Court, following Learned Senior Counsel for the appellant submits that the matter has come for hearing after the year 2005 and uch, it is prayed Learned counsel appearing for the respondents submits that all the 03 respondents have expired and prays for time to moved and appropriate application for bringing of the above and in the interest of justice, let RISHU KATARIA 2025.07.15 19:49 I attest to the accuracy and authenticity of this order/judgment. RSA-4805- 3. the appellant has been received back served. 4. the appellants learned Senior Counsel for the appellant that permanent injunction survives in the matter or not. second appeal Panchayat case anything survives. 5. the appellant due to sheer long pendency of the present second appeal before this Court for a period of more than interest in pursuing the same, as no attempt has been made by contact its counsel or to engage a new counsel. 6. disposed of appropriate application within a period of 0 reviving the same, if so, advised. 7. 14.07.2025 rishu -2001 (O&M) -2- Office report dated 10.07.2025, indicates that notice issued to the appellant has been received back served. Today again, learned Senior Counsel appearing on behalf of the appellants pleaded ‘no instructions’ in the matter. learned Senior Counsel for the appellant that permanent injunction and it is not clear, as to whether any cause of action survives in the matter or not. Accordingly, appeal may be disposed of with liberty to the appellant to move an appropriate application for reviving the same, in thing survives. In view of the aforesaid premise, the appellant-Gram Panchayat 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 24 years, the appellant interest in pursuing the same, as no attempt has been made by counsel or to engage a new counsel. Be that as it may, the instant regular second appeal is disposed of, with liberty to the 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 Office report dated 10.07.2025, indicates that notice issued to the appellant has been received back served. earned Senior Counsel appearing on behalf of in the matter. It is submitted by learned Senior Counsel for the appellant that the present is only a suit for as to whether any cause of action Accordingly, it is prayed that the present with liberty to the appellant-Gram to move an appropriate application for reviving the same, in In view of the aforesaid premise, issuance of fresh notice to would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court the appellant-Gram Panchayat, has lost interest in pursuing the same, as no attempt has been made by it to counsel or to engage a new counsel. Be that as it may, the instant regular second appeal is appellant-Gram Panchayat to move an appropriate application within a period of 03 months from today for Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No Office report dated 10.07.2025, indicates that notice issued to earned Senior Counsel appearing on behalf of It is submitted by for as to whether any cause of action it is prayed that the present Gram to move an appropriate application for reviving the same, in issuance of fresh notice to would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court lost to Be that as it may, the instant regular second appeal is to move an months from today for RISHU KATARIA 2025.07.15 19:49 I attest to the accuracy and authenticity of this order/judgment.