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2025 DAILYLAW 91863 (PNJ)

DIAL CHAND DECEASED THR LRS v. DEWAN CHAND DECEASED THR LRS AND ORS

RSA/3801/2018 · 2025-02-10

Nidhi Gupta

body2025

Judgment text

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IN TH 112 Dial Chan Dewan Ch CORAM: Present:- NIDHI GU judgments learned Civ District J plaintiffs/ap defendants pipe passin 16/2 shown defendants undergroun detailed in dismissed. stage of arg RSA-3801-2018 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Regular Second Date of decision Chand (deceased) through LR and a Versus an Chand (deceased) through LRs a AM:- HON'BLE MS. JUSTICE NI None for the appellants. HI GUPTA J. (Oral) The appellant has filed the ments and decrees dated 05.7.2014 ed Civil Judge (Jr. Divn.), Hoshiarp ict Judge, Hoshiarpur whereby tiffs/appellants for permanent in dants from interfering into the peace passing through the Khasra No.18/1, shown in red colour in the site plan dants from causing any kind of rground pipes laid down by the plain led in prayer clause of the judgment issed. The matter pertains to the ye of arguments and notice of motion h 1 UNJAB AND HARYANA IGARH cond Appeal No.3801 of 2018 cision :-10.02.2025 and another …..Appellants LRs and others …..Respondents E NIDHI GUPTA the present appeal against the .2014 and 28.2.2018 passed by shiarpur and learned Additional reby the suit filed by the nt injunction restraining the peaceful use of the underground o.18/1, 18/2, 17/1, 17/2, 16/1 nd e plan and further restraining the nd of loss and removing the e plaintiff for irrigating his land, gment dated 05.7.2014, has been the year 2018 and is still at the tion has not been issued so far. VIJAY ASIJA 2025.02.11 11.07 I attest to the accuracy and integrity of this document The order been listed there was n i.e. 14.12.2 30.09.2024 arguing co appellants appellants order was p appellants the present time of the RSA-3801-2018 (O & M) order sheets shows that as many as s listed for hearing, out of which on was no representation on behalf of ap 14.12.2018, 28.2.2024, 27.5.2024, 0 9.2024 the matter was adjourned eith ing counsel or on request of learne s. Even today there is no rep s. On the last date of hearing i. r was passed by a co-ordinate Bench of “At the request of learn the appellant, adjourned However, it is adjournment shall be whatsoever. It is furth shall be decided fina hearing irrespective of for the appellant comes or not. It is further cla personal difficulty of purely responsibility of an alternate arran arguments in the case personal difficulty sha next date of hearing.” A bare reading of the abo s have exhibited an utterly casua resent litigation. It is to be appreciate of the Court has been expended in aff 2 y as seven times the matter has ch on one date i.e. 02.12.2019 lf of appellants; and on six dates , 09.1.2020, 20.2.2020 and ed either on request of learned learned proxy counsel for the no representation on behalf of ing i.e. 30.9.2024, the following nch of this Court :- learned counsel appearing for rned to 10.02.2025. is clarified that no further be granted for any reason urther clarified that the case finally on the next date of e of the fact; whether counsel mes present to argue the case r clarified that if there is any of the counsels, it shall be ty of the said counsel to make rrangements for ensuring case and no excuses of any shall be entertained on the e above facts shows that the casual attitude in the pursuit of reciated that very valuable public in affording opportunities to the VIJAY ASIJA 2025.02.11 11.07 I attest to the accuracy and integrity of this document appellants have adopt neither the interested i no other op February 1 Vijay Asija Whether spea Whether Repo RSA-3801-2018 (O & M) s in the interest of justice. On the adopted an utterly casual and careles er the applicants-appellants nor th ested in pursuing the present matter. T ther option except to dismiss the same Ordered accordingly. Pending application(s), if any, uary 10, 2025 speaking/reasoned Yes / No r Reportable Yes / No 3 On the other hand, the appellants areless approach. It is clear that their counsel are seriously ter. Thus, this Court is left with same for non-prosecution. if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.02.11 11.07 I attest to the accuracy and integrity of this document