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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 131 CR-4954-2026 Date of Decision: 03.07.2026 Rakesh Punj ...Petitioner Versus Col. Rajesh Punj and others ...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS SURI Present:- Ms. Deepali Puri, Advocate with Mr. Arjun Dhaliwal, Advocate, for the petitioner. ***** VIKAS SURI, J. (ORAL)
1. The prayer in the present petition under Article 227 of the Constitution of India, preferred by a senior citizen, who is a defendant- respondent before the First Appellate Court, is for seeking directions to the First Appellate Court for expeditious disposal of Civil Appeal bearing No.CA-146-2018, titled as ‘Col. Rajesh Punj versus Smt. Ajit Punj and others’ (Annexure P-1).
2.
Learned counsel for the petitioner has submitted that plaintiff- respondent No.1 instituted civil suit bearing Civil Suit No.10752 of 2012, which was dismissed vide judgment and decree dated 05.02.2018 (Annexure P-2). Aggrieved by the aforesaid, he preferred an appeal on 11.04.2018 along with an application for leading additional evidence. The said application is still pending and the appeal is proceeding at a snail’s pace, which is causing prejudice to the parties. The parties are senior citizens and in their twilight years. It is further submitted that in May 2025, the petitioner HARISH KUMAR 2026.07.07 18:18 I attest to the accuracy and authenticity of this
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CR-4954-2026 (2) herein moved another application under Order 41 Rule 27 CPC to bring on record subsequent events after the unfortunate demise of his mother, which is also pending. A co-defendant/respondent had also moved an application seeking withdrawal of the written statement filed on behalf of legal representative No.2 of defendant-Smt. Ajit Punj, i.e. mother of the petitioner and respondent Nos.1 and 2. Even the said applications have made no substantial headway since their institution and the proceedings are being deferred for one reason or the other. The appeal is now pending for
13.07.2026.
3. Based on the legitimate expectation of a speedy trial, the petitioner has approached this Court through the present revision petition seeking directions, noted herein above.
4. I have heard learned counsel for the petitioner and with her able assistance perused the documents appended with the petition.
5. A perusal of order dated 12.04.2018 (Annexure P-3) would show that the appeal came up for hearing for the first time on 12.04.2018, whereby notice was issued to the respondents for 24.05.2018. It is also noticed that reply to the application under Order 41 Rule 27 CPC moved on behalf of the plaintiff-appellant, was filed on 14.08.2019, as recorded in the
order of even date (Annexure P-11). Thereafter, the matter was deferred for
arguments on the said application(s) and continued being adjourned as such. On 06.01.2023, the plaintiff-appellant filed an application under Order XXXII-A, CPC, notice of which was issued to the other party.
6. A careful perusal of the interim orders passed by the First Appellate Court would show that an attempt to arrive at an amicable HARISH KUMAR 2026.07.07 18:18 I attest to the accuracy and authenticity of this
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CR-4954-2026 (3) settlement was also undertaken but it did not yield any fruitful result. A perusal of the order dated 22.05.2025 (Annexure P-57), which is extracted hereunder, would show that though the appeal was preferred in the year 2018 but till May 2025, no substantial progress had been made therein and the proceedings were being deferred owing to institution and pendency of one miscellaneous application or the other.
“Appeal was listed at the stage of arguments on application under Order 41 Rule 27 read with Section 151 of CPC and on application under Order 32-A read with Section 151 of CPC alongwith application under Section 151 of CPC. Learned counsel for LR no.1 of respondent has moved an application under Order 41 Rule 27 of CPC for leading additional evidence. Copy thereof has been supplied to the learned counsel for appellant. Another application has been moved by LR no.2 of respondent under Order 6 rule 17 read with Order VIII Rule 8 and 9 read with Section 151 of CPC to withdraw written statement filed on behalf of LR no.2 of respondent, who was earlier respondent no.3 originally. Copy thereof has been supplied to the learned counsel for appellant. Let, reply to the both the above said applications be filed by appellant on 23.07.2025. Arguments shall be heard on both the applications on that date. Learned counsel for appellant is hereby directed to supply the copies of reply two days prior to the date fixed to the learned counsel for LRs no.1 and 2 of respondent.”
7. This petition is being disposed of without issuing notice to the other party keeping in view the nature of the order proposed to be passed and as it may not only delay the proceedings but also unnecessarily burden the opposite party with expenses.
8. I have given my thoughtful consideration to the matter and HARISH KUMAR 2026.07.07 18:18 I attest to the accuracy and authenticity of this
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CR-4954-2026 (4) without delving into the merits of the case, keeping in view the fact that an appeal instituted in the year 2018 is still pending even after 8 years and as such, would be a matter that would ordinarily fall under the action plan for expeditious disposal of old appeals. The instant petition is disposed with the direction to the learned First Appellate Court to make an earnest endeavour to dispose of the main appeal as well as all pending miscellaneous applications, in accordance with law, expeditiously, preferably within a period of 09 months from the date already fixed before it. The First Appellate Court shall avoid giving unnecessary and long adjournments. This Court has no reason to doubt that the Court concerned would be mindful of the fact that all the parties to the present litigation are senior citizens and one of the litigants has unfortunately passed away during the pendency of the present appeal.
9. The present petition is disposed of with the aforesaid observations.
( VIKAS SURI ) July 03, 2026 JUDGE harish Whether speaking/reasoned Yes/No Whether reportable Yes/No HARISH KUMAR 2026.07.07 18:18 I attest to the accuracy and authenticity of this
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