Avtar Singh vs State Of Punjab

Citation : 2024 Latest Caselaw 9251 P&H
Judgement Date : 30 April, 2024

Punjab-Haryana High Court

Avtar Singh vs State Of Punjab on 30 April, 2024

                                  Neutral Citation No:=2024:PHHC:058712




206
                                                     2024:PHHC:058712

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                  RSA-647-1997 (O&M)
                                             Date of decision: 30.04.2024

Avtar Singh Bindra
                                                              ....Appellant
                                  Versus
State of Punjab and another
                                                           ....Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:    None for the appellant.

            Ms. Saguna Arora, AAG, Punjab.

NAMIT KUMAR J. (Oral)

The appellant has filed the instant appeal against the judgment and decree dated 30.11.1991, passed by the learned trial Court whereby the suit for declaration filed by the plaintiff/appellant has been partly allowed as well as the judgment and decree dated 30.10.1996, passed by the learned Appellate Court whereby the appeal preferred by the appellant/plaintiff against the aforesaid judgment and decree dated 30.11.1991, has been dismissed.

On 12.03.2024, the following order was passed:-

"As per the office report, notice issued to the sole appellant has been received back with the report that not residing at the given address.
Learned State counsel seeks an adjournment to address arguments.
Adjourned to 24.04.2024.
Since the appeal relates to the year 1997, no further adjournment shall be granted on the next date of hearing."

1 of 2 ::: Downloaded on - 02-05-2024 04:10:56 ::: Neutral Citation No:=2024:PHHC:058712 RSA-647-1997 (O&M) -2- 2024:PHHC:058712 Even on 24.04.2024, no one appeared on behalf of the appellant.

Learned counsel for the State, on instructions from Mr. Arun Kumar, Senior Assistant, Water Resources Department, Punjab, Chandigarh, submits that interest @ 12% per annum on arrears of pay from 08.09.1983 to 25.05.1987 and on arrears of leave encashment, death-cum-retirement gratuity, commutation of pension, arrears of pension for the period from 01.02.1985 to 27.01.1988, has been paid, in terms of the judgments passed by learned Courts below.

Since there is no representation on behalf of the appellant, therefore, the instant appeal is dismissed for non-prosecution.

(NAMIT KUMAR) JUDGE 30.04.2024 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 2 of 2 ::: Downloaded on - 02-05-2024 04:10:57 :::