IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Regular Second Appeal No. 145 of 2009 Date of decision : May 11, 2010 Jai Bhagwan ....Appellant versus Smt. Anaro and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. RVS Chugh, Advocate for Mr. Manoj Makkar, Advocate, for the appellant L.N. Mittal, J. (Oral) Learned counsel for the appellant prays for adjournment as Mr. RS Makkar who is to argue the appeal has to come from Rohtak but could not come today being ill. Prayer cannot be accepted because Mr. RS Makkar is not the advocate engaged by the appellant in the instant appeal although he was counsel for the appellant in the lower appellate court. On the preceding date of hearing, following order was passed:- “There is written request for adjournment on behalf of counsel for the appellant being out of station on account of personal difficulty. However, perusal of the record reveals that the instant appeal was earlier dismissed in default vide order dated 21.5.2009 but was restored vide order dated 27.7.2009. However, again thereafter none has appeared for the appellant on five dates of hearing out of six dates of hearing. None appeared for the appellant consecutively on the preceding four dates of hearing. In the aforesaid circumstances, no ground for Regular Second Appeal No. 145 of 2009 -2- further adjournment is made out because the appeal is pending for preliminary hearing for more than a year. However, in the interest of justice, one last and final opportunity is granted. Adjourned to 11.5.2010.” In spite thereof, counsel present for the appellant is not ready to advance any arguments. The appeal is therefore, dismissed for non- prosecution. ( L.N. Mittal ) May 11, 2010 Judge 'dalbir'