Dial Chand Deceased Thr Lrs Vs Dewan Chand Deceased Thr Lrs and Ors.

The appellant has filed th e present appeal against the judgments and decrees dated 05.7.201 4 and 28.2.2018 passed by learned C ivil Judge (Jr. Divn.), Hoshia r pur and learned Additional District Judge, Hoshiarpur whereby the suit filed by the plaintiffs / appellants for permanent i njunction restraining the defendan t s from interfering into the pea c eful use of the underground pipe pas s ing through the Khasra No.18 / 1, 18/2, 17/1, 17/2, 16/1 nd 16/2 sho w n in red colour in the site pla n and further restraining the defendan t s from causing any kind o f loss and removing the undergro u nd pipes laid down by the pl a intiff for irrigating his land, detailed i n prayer clause of the judgme n t dated 05.7.2014, has been dismisse d .

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The matter pertains to the y ear 2018 and is still at the stage of a rguments and notice of motion has not been issued so far.

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VIJAY ASIJA 2025.02.11 11.07 I attest to the accuracy and integrity of this document

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2

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RSA-3801-2018 (O & M)

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The orde r sheets shows that as many as seven times the matter has been list e d for hearing, out of which o n one date i.e. 02.12.2019 there wa s no representation on behalf of appellants; and on six dates i.e. 14.1 2 .2018, 28.2.2024, 27.5.2024, 09.1.2020, 20.2.2020 and 30.09.20 2 4 the matter was adjourned e i ther on request of learned arguing c ounsel or on request of lear n ed proxy counsel for the appellant s . Even today there is no r e presentation on behalf of appellant s .

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On the last date of hearing i.e. 30.9.2024, the following order wa s passed by a co-ordinate Bench of this Court :-

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“At the request of le a rned counsel appearing for the appellant, adjourned to 10.02.2025.

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However, it is clarified that no further adjournment shall b e granted for any reason whatsoever. It is fur t her clarified that the case shall be decided fi n ally on the next date of hearing irrespective of the fact; whether counsel for the appellant com e s present to argue the case or not. It is further clarified that if there is any personal difficulty o f the counsels, it shall be purely responsibility o f the said counsel to make an alternate arr a ngements for ensuring arguments in the ca s e and no excuses of any personal difficulty s h all be entertained on the next date of hearing.”

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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

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VIJAY ASIJA 2025.02.11 11.07 I attest to the accuracy and integrity of this document

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3

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RSA-3801-2018 (O & M)

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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 applicants-appellants nor t heir counsel are seriously intereste d in pursuing the present matter. Thus, this Court is left with no other o ption except to dismiss the sa m e for non-prosecution.

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

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February 10, 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 2025.02.11 11.07 I attest to the accuracy and integrity of this document

Dial Chand Deceased Thr Lrs v. Dewan Chand Deceased Thr Lrs and Ors.

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Dial Chand Deceased Thr Lrs v. Dewan Chand Deceased Thr Lrs and Ors.

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