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Judgment
Rekha Borana, J
The present restoration application has been preferred aggrieved of order dated 14.03.2019 whereby the second appeal as preferred by the appellants was dismissed in default and for want of prosecution.
In the order dated 14.03.2019, it was observed that none was present for the appellants on five occasions when the matter was listed and none was present even on the said date i.e. 14.03.2019.
On 04.07.2019, notices of the present restoration application were directed to be issued. The notices of respondent Nos.1, 2, 3 & 5 were received unserved and it was reported that respondent No.2 had expired.
Time to file fresh PF and notices for the unserved respondents and to take steps qua the deceased respondent No.2 was prayed for and granted to learned counsel for the petitioners on 22.01.2021, 18.02.2022, 23.02.2023 and 12.07.2023. Interestingly, time was granted on 23.02.2023 and 12.07.2023 even when none had appeared on behalf of the petitioners.
When the matter was listed yesterday i.e. 12.07.2023, none had appeared even in the second round and therefore, the Court directed the matter to be listed today. Today, counsel Mr. Prakash Kumar appeared on behalf of advocate Mr. Jagatveer Singh Deora and submitted that a ‘NOC’ has been given by him to the client and therefore, pleaded no instructions.
In view of the above facts, it is clear that the petitioners are not interested in pursuing the present litigation. Therefore, the present restoration application is dismissed in default as well as for non-prosecution.