Baljit Singh v. Ranjit Kaur & ORS.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision: 15.01.2025 Baljit Singh .... Appellant

Versus

Ranjit Kaur and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Rajinder Yadav, Advocate for Mr. Sahil Dev Singh Bali, Advocate for the appellant.

Ms. Kavita Arora, Advocate for the respondents. NIDHI GUPTA, J. (ORAL) The appellant/plaintiff has laid challenge to the impugned judgment and decree dated 07.03.2011 passed by learned Additional District Judge, Ferozepur whereby learned Appellate Court dismissed the appeal preferred by the appellant/plaintiff and upheld the judgment and decree dated 14.08.2008 passed by learned Civil Judge (Jr. Division), Abohar.

On 15.03.2022, following order was passed by a Coordinate Bench of this Court:- "Heard in virtual mode.

On 29.01.2020, the following order was passed:- "On the last date i.e. 03.07.2019, following order was passed:-

- 2On the request of proxy counsel for the appellant, adjourned to 02.08.2019.

Last opportunity is granted to the appellant to address arguments."

Today again a request for an adjournment has been made by the learned counsel appearing on behalf of the appellant.

In the interest of justice, adjourned to 28.04.2020 subject to the payment of 5,000/- costs to be deposited in the Poor Patients Welfare Fund of the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh." As per the office report, no receipt of 5,000/- in compliance of order dated 29.01.2020 has been placed on record. Even today learned counsel for the appellant has not joined the proceedings.

Since the case has now come up for hearing for the first time after January 2020 due to the intervening circumstances created by the COVID-19 Pandemic, in the interest of justice, I deem it appropriate to grant one last opportunity to the counsel for the appellant to do the needful and to address arguments.

Adjourned to 25.05.2022.

Registry to inform learned counsel for the appellant about the next date of hearing."

On the last date of hearing i.e. 08.12.2023, none had appeared on behalf of the appellant. Today again, proxy counsel appearing on behalf of the appellant seeks an adjournment and it is further stated that he is no longer in touch with the appellant. In view of the above, it can safely be presumed that the appellant or his counsel is not interested in pursuing the present appeal.

- 3The present appeal is dismissed for non-prosecution. However, in case anything survives, liberty is granted to the appellant to revive the same within 4 months from today, if so advised. Pending application, if any, stands disposed of. 15.01.2025 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No