RSA-3757- and others c -2013 (O&M) ers connected cases -1- IN THE HI E v. Harpal Kaur l Kaur and others
Case Details
RSA-3757- and others c -2013 (O&M) ers connected cases -1- IN THE HI E HIGH COURT OF PUNJAB AND H ND HARYANA AT CHANDIGARH 229 1. RSA-3757-2013 (O&M) Balbir Kaur Kaur @ Balwant Kaur and others .… Appellants Versus Harpal Kaur l Kaur and others .... Respondents 2. RSA-3758-2013 (O&M) Balbir Kaur Kaur @ Balwant Kaur and others .… Appellants Versus Harpal Kaur Kaur and others .... Respondents 3. RSA-3759-2013 (O&M) Balbir Kaur Kaur @ Balwant Kaur .… Appellant Versus Union of Ind of India and others .... Respondents Date of Decision: 22.09.2025 CORAM: H
Legal Reasoning
M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: - None. NIDHI GUP I GUPTA, J. (ORAL) 1. All the aforementioned 03 seco osed 3 second appeals are being disposed of by this co this common order as the facts, issues issues and parties involved in all the second appe appeals are identical being arise ned arisen out the same impugned judgments a ents and decrees of both the Cou of Courts below. For the sake of convenience nience, facts are being extracted fro lbir ted from RSA-3757-2013, (Balbir Kaur @ Bal @ Balwant Kaur and others vs. Har Harpal Kaur and others). 2. The appellants are in second a rent cond appeal against the concurrent judgments a ents and decrees rendered by both th 02 both the Courts below whereby 02 RISHU KATARIA 2025.09.23 10:28 I attest to the accuracy and authenticity of this order/judgment. RSA-3757- and others c -2013 (O&M) ers connected cases -2- separate sui te suits bearing Civil Suit No. 522 d as 522 dated 20.07.2004, titled as ‘Gurcharan haran Singh and others vs. Manager and anager, Union Bank of India and others’ for for permanent injunction; and ated and Civil Suit No. 167 dated 18.07.2007 2007, titled as ‘Gurbachan Singh and ingh gh and another vs. Sukhdev Singh and others thers’ for declaration were decreed; creed; whereas Civil Suit No. 499 dated 14.09. 14.09.2005, titled as ‘Balbir Kaur @ B ank ur @ Balwant Kaur vs. Union Bank of India and ia and others’ for declaration was dism s dismissed. 3. On the last date of hearing i the ring i.e. 23.01.2025, when all the appeals were ls were listed for hearing, following c d by wing common order was passed by - this Court:- “Separate Memo of Ap respondents No. 1 to 4, 9 and 3758-2013) and for respondent 3759-2013), are taken on reco the respective files. Learned c Vakalatnams in the Registry w from today. Appearances filed on behalf of of nd and 11 (in RSA Nos. 3757 and dents No. 3 to 6 and 13 (in RSA- record. Office to tag the same in in ish ed counsel undertakes to furnish ks try within a period of 02 weeks All the appeals pertain to is no represen There in to the year 2013. resentation on behalf of he the appellant(s) (in all cases). Perusal of the order-she dates of hearing i.e. 25.04.2018 02 dates prior thereto i.e. 25. appellants have gone unreprese In view of the above and actual date of hearing notices b all cases) for 22.09.2025. Regi to effect service upon appella concerned area, so that effec dispose of the matters. 02 sheets reveals that on the last 02 .2018 and 10.07.2023 and also on on he . 25.04.2016 and 18.04.2014, the resented. let and in the interest of justice, let ces be issued to the appellants (in (in rt Registry shall also make an effort he pellants through the SHO of the to effective steps can be taken to Registry to inform learn nts earned counsel for the appellants about the date fixed, as well. A photocopy of this ord of order be placed on the files of other connected cases.” 4. Pursuant thereto, following s ated ing separate office reports dated 19.09.2025 h 2025 have been received (in all cases) cases) which are as under:- RISHU KATARIA 2025.09.23 10:28 I attest to the accuracy and authenticity of this order/judgment. RSA-3757- and others c -2013 (O&M) ers connected cases -3- RSA-3757- Appellant N Appellant N Appellant N attorney Mr. Aman D about the dat Respondents 11 Respondents Respondent Respondents and 13. RSA-3758- Appellant N Appellant N Appellant N attorney Mr. Aman D about the dat Respondents 10 Respondents Respondent Respondents 13. RSA-3759- Appellant Mr. Aman D about the dat Respondents 10, 11 Respondents Respondent -2013 Not residing at lant No. 1 Died. lant No. 2 lant No. 3 (through Died. ing at the given address. man Dhir, learned counsel for the appe the date fixed through e-mail. ndents No. 1 to 4, 9, Represented by e appellant has been informed ted by Mr. RN Singhal Advocate ndents No. 5, 6 ndent No. 7 ndents No. 8, 10, 12 Served. Not residing at Died. ing at the given address. -2013 Not residing at lant No. 1 lant No. 2 Died. lant No. 3 (through Died. ing at the given address. man Dhir, learned counsel for the appe the date fixed through e-mail. ndents No. 1 to 4, 9, Represented by e appellant has been informed ted by Mr. RN Singhal Advocate ndents No. 5, 6 ndent No. 7 ndents No. 8, 11 and Served. Not residing at Died. ing at the given address. -2013 Sole appellant ( man Dhir, learned counsel for the appe the date fixed through e-mail. Served ndents No. 1, 2, 9, ellant (through attorney) Died. e appellant has been informed ndents No. 3 to 6, 13 Represented by Not residing at ndents No. 7, 8 12 ted by Mr. RN Singhal Advocate ing at the given address. 5. In view of the aforesaid premis s to premise, issuance of fresh notices to the appellan pellants/their LRs if any (in all the utile all the appeals), would be a futile exercise. It se. It appears that due to sheer the sheer long pendency of all the aforemention entioned 03 second appeals before th ore fore this Court for a period of more than 13 yea years, the appellants or their LRs in r LRs if any, have lost interest in pursuing the ng the same, as no attempt has been m their been made by them to contact their counsel or to el or to engage a new counsel. It is, th r the , therefore, clear that neither the RISHU KATARIA 2025.09.23 10:28 I attest to the accuracy and authenticity of this order/judgment. RSA-3757- and others c -2013 (O&M) ers connected cases -4- appellants/th s/their LRs nor their counsel are se uing seriously interested in pursuing the present m esent matter. 6. Be that as it may, all the aforem ring aforementioned 03 appeals bearing RSA Nos. os. 3757, 3758 and 3759-2013 are
Decision
the are disposed of, with liberty to the appellants o ants or their LRs if any (in all cas riate all cases), to move an appropriate application w ation within a period of 06 weeks from me, from today for reviving the same, dvised. if so, advised 7. Pending application(s) (in all c tand n all cases), if any, shall also stand ed of. disposed of. 8. A photocopy of this order be ther er be placed on the files of other connected ca cted cases. 2025 22.09.2025 rishu ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned ned Yes/No Whether Reportable Yes/No RISHU KATARIA 2025.09.23 10:28 I attest to the accuracy and authenticity of this order/judgment.