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2025 DAILYLAW 61690 (PNJ)

MATADIN v. BIRENDER AND OTHERS

RSA/1032/2022 · 2025-09-03

Vikram Aggarwal

body2025

Judgment text

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RSA-1032-2022(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1032-2022(O&M) Date of decision: 03.09.2025 Matadin … Appellant Versus Birender and others … Respondents CORAM: HON’BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Monu Sharma, Advocate, for Mr. Rohit Mittal, Advocate, for the appellant. *** VIKRAM AGGARWAL, J. (ORAL) Learned counsel for the appellant prays for an adjournment stating that the arguing counsel is out of station. 2. A perusal of the record shows that the appeal was instituted in the year 2022 and came up for hearing for the first time on 13.05.2022, when a request for adjournment was made by learned counsel for the appellant on the ground that his father was hospitalized. Accordingly, the case was adjourned to 22.11.2022, when again a similar request was made due to a bereavement in the family, as a result of which, the case was adjourned to 14.03.2023. 3. On 14.03.2023, once again, a request for adjournment was made stating that learned counsel was suffering from fever. Accordingly, the case was adjourned to 07.11.2023. 4. On 07.11.2023, a written request for adjournment was moved and the case was adjourned to 22.01.2024. On 22.01.2024, no one appeared on behalf of the appellant, as a result of which the matter was adjourned to 14.05.2024. 5. On 14.05.2024, a written request for adjournment was circulated and the matter was adjourned to 06.08.2024. On 06.08.2024, again a request for adjournment was made and the case was adjourned to RAJAN KUMAR 2025.09.04 18:55 I am approving this document RSA-1032-2022(O&M) 2 20.12.2024. On 20.12.2024 also, a request for adjournment was made, as a result of which the case was adjourned to 20.03.2025. 6. On 20.03.2025, records were ordered to be summoned for 07.07.2025. On 07.07.2025, again a written request for adjournment was circulated on the ground that learned counsel for the appellant was in some personal difficulty, as a result of which the case was adjourned to 28.08.2025. On 28.08.2025, the matter could not be taken up for hearing and it was adjourned to today. 7. Today again, a request for adjournment has been made on the ground that learned counsel is out of station. 8. It is a matter of grave concern that despite the appeal having been instituted in the year 2022, and having been listed for preliminary arguments ten times, arguments have not yet been addressed. This has led to unnecessary and unwarranted wastage of time of the Court. 9. I do not, therefore, deem it appropriate to grant any further adjournment for the purpose of preliminary arguments. 10. That being so, the Court is choiceless but to dismiss the appeal for non-prosecution. 11. Ordered accordingly. ( Vikram Aggarwal ) Judge September 3, 2025 Rajan Whether speaking / reasoned: Yes/No Whether Reportable: Yes/No RAJAN KUMAR 2025.09.04 18:55 I am approving this document