Piare Lal vs Pritam Chand And Another

Ajay Mohan Goel, J

By way of this petition, the petitioner has prayed for the following reliefs:

"It is, therefore, most humbly and respectfully prayed that this petition may kindly be allowed and impugned judgment dated 6.12.2018 in CM Appeal No. 15­D/XIV/2018 passed by learned District Judge, Kangra at Dharamshala and orders dated 26.09.2018 in CMA No. 147/18 (CS No. 115/18) passed by learned Civil Judge Court No. 1, Dharamshala, District Kangra, H.P., whereby application under Order 39, Rules 1 and 2 CPC filed in a suit was dismissed, appeal filed also stand dismissed, may be set aside and application filed under Order 39, Rules 1 and 2 CPC may be allowed to secure the ends of law and justice.

Any other and further order which this Hon'ble Court deems fit and proper be also passed in favour of the petitioner and against the respondents."

When this case was listed on 18.01.2019, the parties were directed to maintain status quo qua the suit land, meaning thereby that the interim relief stood granted to the petitioner. During the pendency of this petition, the Court was informed that the Cause Title has become defective, as respondent No. 2 has died. Since January 2020, opportunities have been given to the petitioner to take steps to bring on record the legal representatives of deceased respondent No. 2. Today, we are in the month of September, 2020 and despite reasonable opportunities having been granted in this regard, nothing has been done.

Learned Senior Counsel appearing for the petitioner, on instructions, submits that since January, 2020, the petitioner is being requested to come forth with the requisite record so that the needful can be done, but in the absence of petitioner responding, learned instructing counsel is not in a position to take necessary steps. He prays that one more opportunity be granted in this regard.

In my considered view, the same cannot be done, as the petitioner has failed to take steps to bring on record the legal representatives of deceased respondent No. 2 since January, 2020. No more indulgence in this regard can be granted. The Court can perceive that because there is an interim order in favour of the petitioner, he is taking undue advantage of the same by lingering on the matter.

Accordingly, in view of the fact that the petition has become defective and no steps have been taken to bring on record the legal representatives of deceased respondent No. 2, this petition is dismissed as abated and interim order dated 18.01.2019 is ordered to be vacated. Miscellaneous applications, if any, also stand disposed of.