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2025 DAILYLAW 97227 (PNJ)

SURESH PAL v. CHAMAN LAL

RSA/4515/2019 · 2025-08-22

Nidhi Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 117 Suresh Pal Chaman Lal CORAM: Present:- NIDHI GUPTA J. (Oral) against the concurrent findings of the learned Courts below whereby the suit filed by matter pertains to the year 201 arguing counsel for the appellant has never put in appearance and argue the matter. Therefore, notice of motion has also not been issued so far. The order sheets further shows that as many as five times i.e. on 16.10.2023, 06.3.2024, 02.4.2024, 04.9.2024 and 05.2.2025 the matter has been appellant. counsel for the appellant and she was trying to contact the legal representatives of the RSA-4515-2019 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.4515 of 2019 Date of decision :-22.08.2025 Suresh Pal Versus Chaman Lal CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Ms. Gurpreet Kaur, Advocate for Mr. Simranjeet Singh Sarwara, Advocate for the appellant. NIDHI GUPTA J. (Oral) The appellant/plaintiff has filed the present appeal against the concurrent findings of the learned Courts below whereby the suit filed by him for permanent injunction has been dismissed. Perusal of the order sheets and the file reveals that the matter pertains to the year 2019 and from the date of inception learned arguing counsel for the appellant has never put in appearance and argue the matter. Therefore, notice of motion has also not been issued The order sheets further shows that as many as five times i.e. .10.2023, 06.3.2024, 02.4.2024, 04.9.2024 and 05.2.2025 the matter has been adjourned only on request of proxy counsel for the appellant. On the last date of hearing i.e. 05.2.2025 learned proxy counsel for the appellant had informed that the appellant has and she was trying to contact the legal representatives of the 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.4515 of 2019 (O & M) .2025 …..Appellant …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA s. Gurpreet Kaur, Advocate for Mr. Simranjeet Singh Sarwara, Advocate has filed the present appeal against the concurrent findings of the learned Courts below whereby for permanent injunction has been dismissed. Perusal of the order sheets and the file reveals that the 9 and from the date of inception learned arguing counsel for the appellant has never put in appearance and argue the matter. Therefore, notice of motion has also not been issued The order sheets further shows that as many as five times i.e. .10.2023, 06.3.2024, 02.4.2024, 04.9.2024 and 05.2.2025 the only on request of proxy counsel for the On the last date of hearing i.e. 05.2.2025 learned proxy informed that the appellant has expired and she was trying to contact the legal representatives of the VIJAY ASIJA 2025.08.22 17.04 I attest to the accuracy and integrity of this document deceased- get instructions. Today not present and proxy counsel appearing for the appellant further time to get instructions from the legal representatives of the deceased- appellant ha present litigation. It is to be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellant in the interest of justice. On the had adopted an utterly casual and careless approach. representatives of the appellant are not trying to pursue the present appeal or to contact the arguing counsel. legal representative seriously interested in pursuing the present matter. Thus, this Court is left with no other option except to prosecution. August 22 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No RSA-4515-2019 (O & M) -appellant, who were not responding and she sought time to get instructions. Today again the arguing counsel for the appellant is not present and proxy counsel appearing for the appellant time to get instructions from the legal representatives of the -appellant. A bare reading of the above facts shows that the pellant has exhibited an utterly casual attitude in the pursuit of the present litigation. It is to be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellant in the interest of justice. On the adopted an utterly casual and careless approach. representatives of the appellant are not trying to pursue the present appeal or to contact the arguing counsel. legal representatives of the deceased-appellant nor seriously interested in pursuing the present matter. Thus, this Court is left with no other option except to dismiss prosecution. Ordered accordingly. Pending application(s), if any, s 2, 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 2 appellant, who were not responding and she sought time to the arguing counsel for the appellant is not present and proxy counsel appearing for the appellant is seeking time to get instructions from the legal representatives of the A bare reading of the above facts shows that the exhibited an utterly casual attitude in the pursuit of the present litigation. It is to be appreciated that very valuable public time of the Court has been expended in affording opportunities to the appellant in the interest of justice. On the other hand, the appellant adopted an utterly casual and careless approach. Even the legal representatives of the appellant are not trying to pursue the present appeal or to contact the arguing counsel. It is clear that neither the appellant nor their counsel are seriously interested in pursuing the present matter. Thus, this Court is dismiss the same for non- Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.08.22 17.04 I attest to the accuracy and integrity of this document