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2025 DAILYLAW 7786 (HP)

HET RAM S/o sh. Lalu Ram v. BHIM CHAND S/o Sh. Kirpa Ram

FAO/153/2024 · 2025-05-29

Vivek Singh Thakur

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 153 of 2024 Date of decision:29th May, 2025 Het Ram …Appellant Versus Bhim Chand & others …Respondents Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting? For the Appellant: Mr. Manish Dhatwalia, Advocate. For the Respondents: Respondent No.1 is stated to have expired. Mr. Atul Verma, Advocate for respondent No.2. Mr Anil Kumar God, Advocate vice Mr.Bunesh Pal, Advocate for respondent No.3. Vivek Singh Thakur, Judge Appropriate steps on account of death of respondent No.1 have not been taken since August, 2024 despite adjournments of the matter for 16.10.2024, 8.11.2024, 25.11.2024, 19.3.2025, 22.4.2025, 16.5.2025 and for today i.e. 29.5.2025. 2 On 19.3.2025, time was extended with condition that for not taking the steps, the appeal may be dismissed for non- prosecution. Thereafter, matter was listed on 22nd April, 2025. But on that day, for request made by learned counsel for appellant, matter was adjourned for 16.5.2025 and thereafter for 29.5.2025. 3 Learned counsel for appellant submits that despite making efforts, appellant has not come forward to impart instructions so as to able the learned counsel to take appropriate steps on account of death of respondent No.1. 4 In view of above, it is apparent that appellant is not interested in pursuing the matter. Accordingly, appeal is dismissed for non-prosecution. 5 Needless to say that for showing justifiable and sufficient cause for lapse, appellant may apply for restoration of appeal by filing appropriate application. It is made clear that said application shall be considered on its own merits in accordance with law as permissible. Pending miscellaneous application(s), if any, stand disposed of. (Vivek Singh Thakur), Judge. 29th May, 2025(MS) 2