RSA-5645- IN THE HIG 111 Gurmail Sin Inderjit Sing CORAM: H Present: - NIDHI GUP judgment an the judgmen Court dismis was affirme dismissed. issued in the 18.05.2024, by a co-ord 14.08.2024, of instant sec -2018 (O&M) -1- HIGH COURT OF PUNJAB AND HA ail Singh and another Versus it Singh and another M: HON'BLE MS. JUSTICE NIDH Proxy counsel for Mr. MS Dhaliwal, Advocate for I GUPTA, J. (ORAL) The plaintiffs have filed the pres ent and decree dated 23.05.2018 of Is dgment and decree dated 30.11.2015 dismissing the ‘suit for declaration’ ffirmed and the appeal preferred b The matter pertains to the year in the same. Perusal of order-sheets shows 2024, the present second appeal was d ordinate Bench of this Court. 2024, the same was restored to its orig Further, perusal of order sheets ant second appeal for non-prosecution D HARYANA AT CHANDIGARH RSA-5645-2018 (O&M) Date of Decision: 14.01.2025 .… Appellants .... Respondents NIDHI GUPTA ate for the appellants. he present second appeal against the 8 of Ist Appellate Court, vide which 1.2015 passed by the learned trial filed by the plaintiff/appellants rred by the appellants herein was e year 2018 and notice is yet to be hows that earlier vide order dated l was dismissed for non-prosecution ourt. Later on, vide order dated ts original number. sheets reveals that before dismissal cution vide order dated 18.05.2024, t the hich trial ants was o be ated tion ated issal 024, RISHU KATARIA 2025.01.17 12:50 I attest to the accuracy and authenticity of this order/judgment. RSA-5645- the same wa 18.02.2020, and 20.12.20 18.02.2020, gone un-rep prosecution restored to it hearing alon co-ordinate B appellants re -2018 (O&M) -2- me was listed for hearing 09 times i.e 2020, 02.03.2022, 14.03.2022, 22.07.2 0.12.2023, out of which on 06 date 2020, 02.03.2022, 14.03.2022 and 20 represented. Thereafter, the appe ution vide order dated 18.05.2024 d to its original number vide order dat On the last date of hearing, wh g along with connected appeal, follo inate Bench of this Court:- “The proxy counsel for that arguing counsel has not c wife is admitted in the hospital. Although, the previous o case will not be adjourned any orders will be passed in case o however, since the counsel is beyond his control, therefore 14.01.2025. However, it is clarified th the case shall not be adjourne including any personal difficul the sole responsibility of such arrangements for ensuring argu A photocopy of this ord connected case.” Today, on the first call, lea ants requests for an pass over. Howev mes i.e. on 24.01.2019, 13.02.2020, 22.07.2022, 06.08.2022, 21.08.2023 dates i.e. 24.01.2019, 13.02.2020, nd 20.12.2023, the appellants have e appeal was dismissed for non- 2024 and was also ordered to be der dated 14.08.2024 as aforesaid. ng, when this appeal was listed for , following order was passed by a for the appellant has submitted ot come to the court because his ital. Adjournment is prayed for. us order makes it clear that the any further and the appropriate ase of non arguments of the case, el is stated to be in a difficulty fore, the case is adjourned to ed that on the next date of hearing urned for any reason whatsoever, ficulty of the counsel. It shall be such counsel to make alternate arguments of the case. order be placed on the file of ll, learned proxy counsel for the However, in the second round none 020, 023 020, ave be for by a ed is he te se, lty to ng er, be te of the one RISHU KATARIA 2025.01.17 12:50 I attest to the accuracy and authenticity of this order/judgment. RSA-5645- has put in a above, it can more interes left with no Appeal for n 14.01.2025 rishu Wheth Wheth -2018 (O&M) -3- t in appearance on behalf of the ap , it can safely be presumed that the app interested in pursuing the instant seco ith no other option except to dismiss l for non-prosecution for the second ti Ordered accordingly. Pending application(s), if any, s 2025 Whether speaking/reasoned Whether Reportable the appellants. Therefore from the he appellants or their counsel are no t second appeal. Thus, this Court is dismiss the instant Regular Second ond time. any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No the e no rt is ond RISHU KATARIA 2025.01.17 12:50 I attest to the accuracy and authenticity of this order/judgment.