Dismissed¶15

Jawahar Lal v. Pushpinder Kumar

Punjab & Haryana HC12 Aug 2025RSA/885/2019

Case brief

AI extract

What is this about?

Punjab and Haryana High Court at Chandigarh; RSA-885-2019 (O&M); Jawahar Lal vs Pushpinder Kumar; dismissal of second appeal for non-prosecution; casual and careless attitude of appellant; repeated non-appearance and adjournments; pass-over sought by counsel Supneet Singh for PS Dhaliwal; no appearance in second round; suit for declaration and permanent injunction earlier dismissed by both Courts below; notice in main appeal not issued; pending applications disposed; Nidhi Gupta, J.; decision dated 12.08.2025.

What did the court decide?

The appellant exhibited an utterly casual attitude in pursuing the litigation, expending valuable public time of the Court; neither the appellant nor his counsel is seriously interested in pursuing the matter. ¶15

Jawahar Lal Vs Pushpinder Kumar — Punjab & Haryana HC (2025) — LawSathi Research

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RSA-885-2019 (O&M) -1-

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IN THE HI G H COURT OF PUNJAB AND H ARYANA AT CHANDIGARH

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123 RS A -885-2019 (O&M)

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Dat e of Decision: 12.08.2025

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Jawahar L a l .… Appellant

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Versus

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Pushpinde r Kumar .... Respondent

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CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

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Present: - None.

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NIDHI GUPTA, J. (ORAL)

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The appellant-plaintiff is i n second appeal against the concurrent judgments and decrees ren d ered both the Courts below whereby t h e suit for declaration and perma n ent injunction was dismissed. 2. The matter pertains to the ye a r 2015 and notice in the main appeal is y e t to be issued.

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Perusal of the order-sheet(s) r eveals that since the inception of present second appeal, the same was r epeatedly adjourned either on account o f non-appearance on behalf of t h e appellant i.e. on 05.08.2019, 25.09.202 3 , 23.02.2024 and 04.09.2024; or at the request of learned counsel fo r the appellant on 02 dates i.e. on 07.05.2024 and 14.01.2025 (last date o f hearing). 4. Today, in the first round o f hearing, Mr. Supneet Singh, Advocate f or Mr. PS Dhaliwal, Advocate had appeared on behalf of the appellant a nd sought a pass-over. Howev e r, in the second round none has put in app e arance on behalf of the appella n t.

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RISHU KATARIA 2025.08.18 10:59 I attest to the accuracy and authenticity of this order/judgment.

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RSA-885-2019 (O&M) -2-

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A bare reading of the above facts shows that the appellant has exhib i ted an utterly casual attitude in his pursuit of the present litigation. I t is to be appreciated that ve r y valuable public time of the Court has b een expended in affording opp o rtunities to the appellant in the interest of j ustice. On the other hand, the a ppellant has adopted an utterly casual and careless approach. It is clear t h at neither the appellant nor his counsel is seriously interested in pursuin g the present matter. Thus, this Court is le f t with no other option except to dismiss present second appeal, for non-pr o secution.