1 S.B. Civil Misc. Appeal No.124/1993 Fateh Lal. vs. Shri Peetamber. S.B. Civil Misc. Appeal No.124/1993 Fateh Lal vs. Shri Peetamber. Date : 12.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.G Vaishnav, for the appellant. None present for the respondent. - - - - - Heard learned counsel for the appellant. The injunction application was decided by the Court of Additional District Judge No.1, Udaipur vide order dated 13.5.1991 whereby the injunction order has been passed against the appellant and he has been restrained from using the trademark in question as well as monogram and brand name referred in the suit. To challenge the said order dated 13.5.1991, the present misc. appeal was preferred before this Court on 12.8.1991. The appeal was admitted on 27.5.1993. On 6.1.2007, for the first time, the appeal was ordered to be listed for hearing in Court on 1.2.2007. This Court on 23.2.2007 found that the record has not been received from the trial court. Thereafter, it was found that the original record was not traceable in the lower 2 S.B. Civil Misc. Appeal No.124/1993 Fateh Lal. vs. Shri Peetamber. court. The learned District Judge ordered for reconstitution of the record which appears to be in the year 2007. From the last letter dated 5.8.2008, it appears that the original file yet has not been reconstituted in the trial court. Since the interim order passed by the trial court is in force for more than 17 years, this Court is not inclined to keep this appeal pending for any purpose and the appeal is hereby dismissed as there is no reason to interfere in the injunction order after 17 years in a case where none of the parties has shown their interest in prosecuting and deciding their dispute. Once a case is filed in the Court, it is required to be decided and as per the letters of the court below, in a matter where the fact came to the notice of the Court that the original file is not traceable, the file yet has not been constituted. The case cannot remain pending and it is the duty of the Court to reconstitute the file with the help of the litigants. Therefore, the matter be reported to the Registrar General of this Court who may look into the matter at its level so that the suit filed by the plaintiff may 3 S.B. Civil Misc. Appeal No.124/1993 Fateh Lal. vs. Shri Peetamber. be decided in accordance with law without further delay. This appeal of the appellant is dismissed as referred above. (PRAKASH TATIA), J. S.Phophaliya