Jagpal Since Deceased Through Lrs And ORS v. Muneem And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-1635-2022 (O&M) Date of Decision : 24.03.2025 JAGPAL (DECEASED) THR LRS AND ORS .... Appellants

VERSUS

MUNEEM AND ORS .... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

None.

ALKA SARIN, J. (ORAL) 1.

The present appeal pertains to the year 2022 and the same is still at the stage of preliminary hearing inasmuch as notice in the application for condonation of delay as well as notice of motion is yet to be issued. The case has repeatedly been adjourned either on the request of the learned counsel for the appellants or on the ground that none appeared on behalf of the appellants. On 08.02.2023 the following order was passed : 'A request for an adjournment has been made on behalf of counsel for the appellants on the ground that he is out of station.

In the present case, there is a delay of 3997 days in filing the appeal. A perusal of the application reveals that the same is totally bereft of any details and the delay has not been explained. In the interest of justice, adjourned to 12.09.2023.

AMAN JAIN 2025.03.25 09:08 I attest to the accuracy and integrity of this order/judgment

RSA-1635-2022 (O&M) -2Meanwhile, let a better affidavit be filed in support of the application for condonation of delay'.

2.

Till date there is no compliance of the order dated 08.02.2023 passed by this Court despite last opportunities having been availed by the learned counsel for the appellants.

3.

On 06.11.2024 the following order was passed : 'Learned counsel for the appellants still seeks some more time to comply with the order dated 08.02.2023. On his request, adjourned to 24.03.2025.

Last opportunity is granted failing which the present appeal shall be dismissed for non-prosecution'. 4.

Today the case has been called twice since morning. Though on first call a request for a pass over was made however on second call none has put in appearance on behalf of the appellants. 5.

In view thereof, this Court is left with no other option but to dismiss the present regular second appeal for non-prosecution. 6.

Dismissed for non-prosecution. Pending applications, if any, also stand disposed off.

24.03.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2025.03.25 09:08 I attest to the accuracy and integrity of this order/judgment