IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-2345-1996 (O&M)

Date of decision: 08.01.2026

Smt. Munni Devi (since deceased) through her LRs

and another ...Appellant(s)

Vs.

Shiv Kumar and others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Rajinder Goyal, Advocate and

Mr. Yagsimant Attri, Advocate

the applicant/appellants.

***

NIDHI GUPTA, J.

CM-14052-C-2023

Prayer in this application under Order 41 Rule 19 CPC read

with Section 151 CPC is for restoration/revival of the main appeal which was dismissed for non-prosecution vide order dated 28.11.2023 for the

following reasons:-

“Perusal of the order sheets reveals that since the year

2011, the appellants have gone un-represented on various dates i.e. 09.11.2011, 07.12.2011, 24.05.2017 and 07.01.2019. Further, on 04.02.2019, when this matter was listed for hearing, a co-ordinate Bench of this Court while dismissing the present appeal for non-prosecution on account of non-appearance on behalf of the appellants, had observed that both the appellants have expired and learned counsel appearing for the respondents submits that the dispute

between the parties had already been resolved. Liberty was also granted to move an a