RSA/2724/2015 of SURINDER GHUMAN Vs GURPREET SINGH AND ORS

IN TH 228 Surinder Gurpreet S CORAM: Present:- NIDHI GU present app Co-ordinate RSA-2724-2015 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Regular Second Appeal No.27 Date of decision :-11.03.202 nder Ghuman (deceased) through LR Versus preet Singh and others AM:- HON'BLE MS. JUSTICE NI Mr. Vishesh Bhatia, Advocate Mr. Viranjeet Singh Mahal, A for the appellant. Mr. P.S. Chahal, Advocate for Mr. G.S. Nagra, Advocate for HI GUPTA J. (Oral) On 29.06.2015, while issuing nt appeal, the following contentions w rdinate Bench of this Court:- “Learned counse alia, contends that t Surinder Kaur (present on 14.09.2006 as both a compromise and had by their father on 31.08 in equa l shares i.e. ½ sisters. Thereafter, the Gurpreet Singh-plaintif question on the basis o executed by his grandm share (which was mu ta 1 UNJAB AND HARYANA IGARH No.2724 of 2015 (O & M) .2026 ugh LR …..Appellant …..Respondents E NIDHI GUPTA vocate for hal, Advocate ate for te for respondents No.1 and 2. issuing notice of motion in the tions were recorded by a learned unsel for the appellant, i nter at the earlier suit filed by sent appellant) was withdrawn oth the sisters had entered into had accepted the Will executed 31.08.1965, giving his property .e. ½ share each to both the the present suit was filed by intiff claiming the property in sis of a Will dated 10.08.2005 andmother, whereby out of 1/3 tated in her favour) she had VIJAY ASIJA 2026.03.13 17.31 I attest to the accuracy and integrity of this document stage of ef following o this Court p RSA-2724-2015 (O & M) given ½ share to him accepted the said W deposition of Surjit Sing (PW-2). However, the witnesses could not pr stated that the Will wa in her own handwritin Will in question was typ Notice of motion In the meantime, possession be maintaine The matter pertains to the ye of effecting service upon respondent wing order was passed by a Co-ordina “As per office respondent No.3 could for the appellant has foreign AD notices. The seeks time to effect respondent No.3. Let respondent No.3 be iss on filing of fresh pr oce the appellant within a p today, to be served prescribed in CPC residing Abroad.” Thereafter, on the last date o ourt passed the following order:- “In the last order observed by a co- ordi that service upon respo 2 him. The Courts below have Will by relying upon the Singh (PW-1) and Heera Singh the deposition of both these t prove the Will as they h ave l was executed by Parsin Kaur riting, whereas factually, the s typed one. tion for 28.11.2015. time, status quo with regard to tained.” the year 2015 and is still at the ondent No.3. On 01.06.2023, the ordinate Bench of this Court:- ffice report, service upon uld not be effected as counse l has not turned up to collect . The counsel for the appellant fect service upon unserved Let fresh notice to unserved e issued again for 11.12.2023 ocess fee by the counsel for n a period of four weeks from ved as per the procedure C for serving the person date of hearing i.e. 07.08.2025, order dated 01.06.2023, it was ordinate Bench of this Court espondent No. 3 could not be VIJAY ASIJA 2026.03.13 17.31 I attest to the accuracy and integrity of this document “Synopsis compliance any steps fo and the un steps have counsel app the directio the Registr RSA-2724-2015 (O & M) effected as, learned cou not turned up to collect Learned counsel for the aforesaid lapse fresh notice to respon undertakes to furnish ne Registry within a period On his doing so, respondent No. 3 for 11 In the meantime learned counsel for the as the soft copy of lo tagged, indexed and p for the date fixed. By the next da counsel for the par respective short synops in chronological order list of judgments, if any copies of the relevant lo However, the office report dat sis not furnished by learned co iance of order dated 07.08.2025, lea ps for service of respondent No.3…” Thus, despite the specific dire the undertaking given by learned cou have been taken to comply with the s sel appearing for the appellant seeks f irection of this Court by furnishing th egistry for effecting service upon resp 3 counsel for the appellant has llect foreign AD notices. nsel for the appellant regrets pse and prays for issuance of spondent No. 3; and further sh necessary process fee in the eriod of 01 week from today. so, fresh notice be issued to r 11.03.2026. time, at the joint request of the parties, photocopy as well of lower Court records duly d paginated be requisitioned t date of hearing, learned parties shall furnish their nopsis, list of dates and events rder, written arguments and f any as well as the translated nt lower Court record.” ort dated 05.03.2026 reflects that counsel for the parties. In , learned counsel has not taken …”. ic directions issued by this Court ed counsel for the appellant, no h the same. Today, learned proxy eeks further time to comply with hing the necessary process fee in n respondent No.3. VIJAY ASIJA 2026.03.13 17.31 I attest to the accuracy and integrity of this document appellant h prosecuting repeated op time in the demonstrat the present strenuous e present on backlog o this Court, necessary f In these cir counsel are Consequen present app non-prosec of. March 11 Vijay Asija Whether spea Whether Repo RSA-2724-2015 (O & M) A bare perusal of the abo llant has exhibited a wholly casual ecuting the present appeal. This C ated opportunities to the appellant ove in the interest of justice. However, th nstrates a complete lack of diligence a resent proceedings. It is also pertinent to note that uous efforts to take up and dispose of nt one which pertains to the year 2 log of long pending matters. Despite Court, the appellant has failed to t ssary for effecting service upon respon ese circumstances, it is evident that n sel are genuinely interested in prose equently, this Court is left with no nt appeal for non-prosecution. Accordingly, the present appe prosecution. Pending application(s), if any 1, 2026 r speaking/reasoned Yes / No r Reportable Yes / No 4 e above facts reveals that the casual and negligent attitu de in his Court has already granted ant over a considerable period of ver, the conduct of the appellant gence and seriousness in pursuing te that this Court has been making ose of old appeals, including the year 2015, so as to reduce the espite such efforts on the part of d to take even the basic steps respondent No.3. that neither the appellant nor his prosecuting the present appeal. ith no option but to dismiss the t appeal is hereby dismissed for if any, shall also stand disposed ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.03.13 17.31 I attest to the accuracy and integrity of this document