RSA-4849- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 Bhavnesh Kumar Sapra and another Ram Chand and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. concurrent findings rendered by both the Courts below whereby the suit for permanent injunction filed by plaintiff/respondent No. 1 herein was decreed by both the Courts below. 2. hearing 21.03.2025 was passed -2001 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Bhavnesh Kumar Sapra and another Versus Chand and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None. NIDHI GUPTA, J. (ORAL) The appellant-defendants are in concurrent findings rendered by both the Courts below whereby the suit for permanent injunction filed by plaintiff/respondent No. 1 herein was decreed by both the Courts below. The matter pertains to the year 20 21.03.2025, when this case was listed was passed by this Court:- “As per office report, learned counsel for respondent No. 1 as well as respondents No. 2 to 4 through e-mail. It is reported that learned counsel for the appellant has been elevated to were issued to the appellants, which have been received back served, however, there is no representation on behalf of any of the parties. Since the appeal is of the year 2001, in the interest of justice, fresh notices to the appellant as well as respondent and learned counsel for the respondents be issued for 10.09.2025.” IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-4849-2001 (O&M) Date of Decision: 10.09.2025 .… Appellants .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA defendants are in second appeal against the concurrent findings rendered by both the Courts below whereby the suit for permanent injunction filed by plaintiff/respondent No. 1 herein was The matter pertains to the year 2001 and on the last date of was listed for hearing, following order As per office report, learned counsel for respondent No. 1 as well as respondents No. 2 to 4 have been informed mail. It is reported that learned counsel for the appellant has been elevated to this Bench, therefore, notices were issued to the appellants, which have been received back served, however, there is no representation on behalf of any Since the appeal is of the year 2001, in the interest of justice, fresh notices to the appellant as well as respondents and learned counsel for the respondents be issued for second appeal against the concurrent findings rendered by both the Courts below whereby the suit for permanent injunction filed by plaintiff/respondent No. 1 herein was on the last date of , following order As per office report, learned counsel for respondent have been informed mail. It is reported that learned counsel for the his Bench, therefore, notices were issued to the appellants, which have been received back served, however, there is no representation on behalf of any Since the appeal is of the year 2001, in the interest of s and learned counsel for the respondents be issued for RISHU KATARIA 2025.09.12 10:15 I attest to the accuracy and authenticity of this order/judgment. RSA-4849- 3. received which reads as follows: Appellants No. 1 and 2 Respondents No. 1 and 3 Respondents No. 2 and 4 4. issued to Ms. Monica Goyal, Advocate has been received back with the report that ‘she has been appointed as Judge in lower Court reported that Mr. Jaswinder Singh, learned counsel for the respondent has been informed about the date fixed vide letter dated 26.05.2025. However, none has put in appearance on behalf of the respondent(s). 5. the appellant pendency of the present second appeal before this Court for a period of more than 24 as no attempt has been made by a new counsel. 6. disposed of application within a period of if so, advised. 7. 10.09.2025 rishu -2001 (O&M) -2- Pursuant thereto, office report received which reads as follows:- Appellants No. 1 and 2 Not residing at the given address. Respondents No. 1 and 3 Refusal and Affixation made. Respondents No. 2 and 4 Died. Office report dated 09.09.2025 issued to Ms. Monica Goyal, Advocate has been received back with the report that ‘she has been appointed as Judge in lower Court reported that Mr. Jaswinder Singh, learned counsel for the respondent has been informed about the date fixed vide letter dated 26.05.2025. However, none has put in appearance on behalf of the respondent(s). In view of the aforesaid premise, appellants 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 24 years, the appellants have lost as no attempt has been made by them to contact a new counsel. Be that as it may, the instant regular second appeal is disposed of, with liberty to the appellants application within a period of 06 weeks from today for reviving the same, if so, advised. Pending application(s), if any, shall also stand disposed of. .2025 Whether speaking/reasoned Whether Reportable Pursuant thereto, office report dated 09.09.2025 has been Not residing at the given address. Refusal and Affixation made. 09.09.2025, further indicates that letter issued to Ms. Monica Goyal, Advocate has been received back with the report that ‘she has been appointed as Judge in lower Court’. It is also reported that Mr. Jaswinder Singh, learned counsel for the respondent has been informed about the date fixed vide letter dated 26.05.2025. However, none has put in appearance on behalf of the respondent(s). 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 for a period of lost interest in pursuing the same, to contact their counsel or to engage Be that as it may, the instant regular second appeal is appellants, to move an appropriate from today for reviving the same, Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No 09.09.2025 has been letter issued to Ms. Monica Goyal, Advocate has been received back with the . It is also reported that Mr. Jaswinder Singh, learned counsel for the respondent has been informed about the date fixed vide letter dated 26.05.2025. However, 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 for a period of interest in pursuing the same, counsel or to engage Be that as it may, the instant regular second appeal is to move an appropriate from today for reviving the same, RISHU KATARIA 2025.09.12 10:15 I attest to the accuracy and authenticity of this order/judgment.