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2025 DAILYLAW 43924 (PNJ)

GOPAL SHANKAR RAHTI SINCE DECEASED THROUGH LRS v. RAMESH KUMAR RATHI

CR/2191/2025 · 2025-04-07

Deepak Gupta

Civil Appealbody2025

Judgment text

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129 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2191-2025 Date of Decision: April 07, 2025 Gopal Shankar Rathi (since deceased) through LRs …Pe22oner Versus Ramesh Kumar Rathi …Respondent CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Priyanshu Kamra, Advocate for the peoner. DEEPAK GUPTA , J.(Oral) Prayer in this peon moved under Arcle 227 of the Constuon of India, is to direct the Appellate Court concerned to adjudicate the Civil Appeal No.93 of 2023, tled as “Ramesh Kumar Rathi v. Gopal Shankar (since deceased) etc.” in a me bound manner. 2. The appeal is stated to be pending before learned Addl. District Judge, Fazilka. 3. Learned counsel for the peoner does not dispute about the huge pendency before the Civil Courts, but it is specifically pointed out that a1er filing of the appeal, appellant – Ramesh Kumar Rathi (respondent herein) on 13.04.2023, the appearance by the respondent of the appeal, i.e. peoner herein was made in 30.05.2023 and on the same date, he had moved an applicaon for mesne profit. It is also pointed out that on the same day, another applicaon was moved to reject the appeal due to non- filing of the Court fee. 4. With the help of numerous zimni orders placed on record, it is pointed out that the concerned Appellate Court adjourned the ma:er on several dates, but even reply to the applicaons has not been filed by the opposite party ll date. 5. Having noced contenon of learned counsel for the peoner, this peon is hereby disposed of with the direcon to the concerned Appellate Court to dispose of the two applicaons as moved by the peoner herein(respondent before the Appellate Court), within a period of 02 months posively and then proceed further, in accordance with law. April 07, 2025 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No Sarita Rani 2025.04.08 09:53 I attest to the accuracy of this document/order