RSA-4258- IN THE HIG 117 Mahabir Sin Munish Kum CORAM: H Present: - NIDHI GUP the plaintiff judgment an the judgmen “suit for de filed by the p issued in the listed for he 23.05.2019, 01.04.2024 a adjourned a 12.10.2023, appearing fo expired and -2017 (O&M) -1- E HIGH COURT OF PUNJAB AND HA RSA Date o ir Singh Versus h Kumar and others M: HON'BLE MS. JUSTICE NIDH None. I GUPTA, J. (ORAL) After remaining unsuccessful b aintiff, has filed the instant Regular ent and decree of Ist Appellate Cour dgment and decree of the trial Court d r declaration with consequential re y the plaintiff/appellant was dismissed The matter pertains to the year in the same. Perusal of the order-sheets rev for hearing 10 times i.e. on 17.09.20 2019, 26.08.2019, 27.02.2020 2024 and 10.07.2024; and on each a ned at the request of learned coun 2023, when this case was listed f ring for the appellant had informed d and sought time to clarify as to wh ND HARYANA AT CHANDIGARH RSA-4258-2017 (O&M) Date of Decision: 05.02.2025 .… Appellant .... Respondents NIDHI GUPTA ssful before both the Courts below, egular Second Appeal, against the Court dated 23.09.2016 affirming ourt dated 06.09.2013, whereby the l relief of permanent injunction” missed. e year 2017 and notice is yet to be ts reveals that earlier this matter was 7.09.2018, 23.10.2018, 29.01.2019, 2.2020, 12.10.2023, 04.01.2024, each and every date, the same was d counsel for the appellant. On sted for hearing, learned counsel ormed that the sole appellant had whether the LRs want to pursue low, the ing the was 019, 024, was On nsel had rsue RISHU KATARIA 2025.02.05 19:18 I attest to the accuracy and authenticity of this order/judgment. RSA-4258- the case or n appellant ha co-ordinate B adjourned in learned coun hearing, lear the order dat for today. despite the presumed th pursuing the option excep 05.02.2025 rishu -2017 (O&M) -2- se or not. Thereafter, on the next date o ant had gone un-represented and follo inate Bench of this Court:- “On the previous heari appellant had sought time to se the legal representatives of dec pursue the present appeal o representation. In the interest of justice, a It is, however, made circumstances, if no one puts appeal on the next date or tak the legal representatives of the would be liable to be dismissed On the next date of hearing i ned in terms of a written request for counsel for the appellant; and th g, learned counsel for the appellant ha der dated 04.01.2024 reproduced abov Today, there is no representatio e the case having been called twice ed that the appellant or his counsel ng the instant second appeal. Thus, th except to dismiss the present second a Ordered accordingly. Pending application(s), if any, s 2025 Whether speaking/reasoned Whether Reportable t date of hearing i.e. 04.01.2024, the d following order was passed by a earing, learned counsel for the to seek instructions as to whether f deceased/sole appellant want to al or not. Today, there is no ice, adjourned to 01.04.2024. ade clear that in the given puts in appearance to press this r take necessary steps to implead the appellant, the instant appeal ssed for want of prosecution.” ring i.e. 01.04.2024, the case was st for an adjournment circulated by nd thereafter, on the last date of lant had sought time to comply with d above and the case was adjourned entation on behalf of the appellant, twice. Therefore, it can safely be unsel is not seriously interested in hus, this Court is left with no other cond appeal for non-prosecution. any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No , the by a he er to no en is ad was d by e of with rned lant, be in ther RISHU KATARIA 2025.02.05 19:18 I attest to the accuracy and authenticity of this order/judgment.