Punjab-Haryana High Court
Ram Narain vs Municipal Comm.Spt.Through Its Admn on 3 April, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:045007
2024:PHHC:045007
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
125
RSA-2560-1993
Decided on :03.04.2024
Ram Narain
. . . Appellant
Versus
Municipal Committee, Sonepat
. . . Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: None for the appellant.
Mr. Sapan Dhir, Advocate
for the respondent.
*****
VIKAS BAHL, J.(ORAL)
1. This is plaintiff's appeal against concurrent finding of fact.
2. The suit was filed by the plaintiff for permanent injunction restraining the defendant from dispossessing the plaintiff from the suit property and from demolishing the construction of the suit property.
3. The trial Court vide judgment and decree dated 19.03.1991, dismissed the said suit and the appeal filed by the plaintiff was dismissed vide judgment and decree dated 22.10.1993. It is against the said concurrent finding of fact that the plaintiff has approached this Court.
4. On 27.02.2023, a Coordinate Bench of this Court was pleased to pass the following order:-
"Present: None for the appellant.
Mr. Deepak Balway, Addl. A.G. Haryana.
**** 1 of 2 ::: Downloaded on - 05-04-2024 02:05:02 ::: Neutral Citation No:=2024:PHHC:045007 RSA-2560-1993 -2- 2024:PHHC:045007 For, on the previous date of hearing counsel for the appellant was not present, notice was issued to him. However, office report indicates that Sh. S. K. Bansal, Advocate, who was appearing for the appellant, passed away in the year 2014.
Office is directed to issue notice for an actual date to the appellant for 11.05.2023."
4. As per report of the registry, the sole appellant was not found residing at the given address.
5. None has appeared on behalf of the appellant.
6. Dismissed for non-prosecution. Liberty is granted to the appellant to revive the present appeal, in case, any cause of action survives.
7. Registry is directed to send the copy of the present order to the appellant at the address mentioned in the memo of parties.
(VIKAS BAHL) JUDGE 03.04.2024 Mehak Whether reasoned/speaking? Yes/No Whether reportable? Yes/No 2 of 2 ::: Downloaded on - 05-04-2024 02:05:03 :::