Dismissed¶¶19

Mohinder Singh through His Lrs v. Rupinder Kaur and Others

Punjab & Haryana HC13 Aug 2025RSA/1155/2023

Case brief

AI extract

What is this about?

Dismissal of second appeal for non-prosecution; default of appellants and their counsel; casual and careless attitude of appellant; non-issuance of notice of motion; failure to file PW-1 deposition (Rupinder Kaur, Plaintiff No.1) despite order dated 05.8.2024; repeated adjournments and non-representation; Punjab and Haryana High Court at Chandigarh; RSA-1155-2023 (O & M); concurrent decrees below for maintenance, possession and permanent injunction left undisturbed; no statutory provisions or precedents engaged.

What did the court decide?

None to the appellants — appeal dismissed for non-prosecution; pending application(s), if any, disposed of. ¶¶19

Mohinder Singh through His Lrs Vs Rupinder Kaur and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the appellants — appeal dismissed for non-prosecution; pending application(s), if any, disposed of.

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Issue for consideration

Whether the regular second appeal should be dismissed for non-prosecution in view of the appellants' utterly casual attitude, their non-compliance with the order dated 05.8.2024, and their repeated absence/non-representation.

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Court's answer

Neither the appellants nor their counsel were seriously interested in pursuing the present matter; the appellants adopted an utterly casual and careless approach, expending very valuable public time of the Court in affording opportunities in the interest of justice.

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Ratio / Principle

The Court was left with no other option except to dismiss the appeal for non-prosecution.

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Key takeaways

Pending application(s), if any, stand disposed of.ratio¶¶20

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Nidhi Gupta, J., oral), decided 13.08.2025 — RSA-1155-2023 (O & M): Second appeal by the LRs of the now-deceased appellant Mohinder Singh (defendant) against the concurrent judgments and decrees of the Courts below, whereby the suit of respondents/plaintiffs Rupinder Kaur and others for maintenance, possession and permanent injunction stood decreed. Although the appeal was of the year 2023, notice of motion had never been issued; vide order dated 05.8.2024 counsel had sought time to bring on record the examination of PW-1 (Rupinder Kaur, Plaintiff No.1) but never complied; the matter was repeatedly adjourned on counsel's request or owing to the appellants' non-appearance, and there was no representation even on the day of hearing. Held: the appellants exhibited an utterly casual and careless attitude and neither they nor their counsel were seriously interested in pursuing the litigation, wasting valuable public time of the Court; consequently the appeal was dismissed for non-prosecution, and pending application(s), if any, were disposed of. No statute or precedent is cited in the judgment; the substantive merits of the decrees below were not examined.

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RSA-1155-2023 (O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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119

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Regular Second Appeal No. 1 155 of 2023 (O & M) Date of decision :-13.08.2025

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Mohinder Singh (now deceased) through LRs

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…..Appellants

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Versus

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Rupinder Kaur and others

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…..Respondents

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CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:None for the appellants.

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NIDHI GUPTA J. (Oral)

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The present regular second appeal has been filed by the defendan t through legal representati v es against the concurrent judgments and decrees of the learned C o urts below whereby the suit of the re s pondents/plaintiffs for grant of maintenance, possession and permane n t injunction has been decreed.

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Although the appeal is of th e year 2023, notice of motion is yet t o be issued. Further, vide or d er dated 05.8.2024 learned counsel f or the appellants sought ti m e to bring on record the “examin a tion of PW-1 Rupinder Kaur ( Plaintiff No.1)”. Although, opportun i ty was granted to him to c o mply with the said order, however, the needful has not been done t i ll date. The matter has been repeatedl y adjourned either on request of learned counsel for the appellant s or due to non-appearance on b ehalf of the appellants. Even today the r e is no representation on behal f of appellants.

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VIJAY ASIJA 2025.08.19 19.08 I attest to the accuracy and integrity of this document

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RSA-1155-2023 (O & M) 2

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A bare reading of the a b ove facts shows that the appellant s have exhibited an utterly cas u al attitude in the pursuit of the prese n t litigation. It is to be apprecia t ed that very valuable public time of t h e Court has been expended in a ffording opportunities to the appellant s in the interest of justice. On t h e other hand, the appellants have ado p ted an utterly casual and carel e ss approach. It is clear that neither t h e appellants nor their counse l are seriously interested in pursuing the present matter. Thus, this Court is left with no other option except to dismiss the same for no n -prosecution.

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Ordered accordingly.

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Pending application(s), if an y , shall stands disposed of.

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August 1 3 , 2025 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2025.08.19 19.08 I attest to the accuracy and integrity of this document

Mohinder Singh through His Lrs v. Rupinder Kaur and Others

Case brief

What is this about?

What did the court decide?

Mohinder Singh through His Lrs v. Rupinder Kaur and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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