Welfare Ass. Of Sect. 7 F.Bad vs Haryana Urban Development Auth

Punjab-Haryana High Court

Welfare Ass. Of Sect. 7 F.Bad vs Haryana Urban Development Auth on 3 July, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                         215-A                                         RSA-1239-1997 (O&M)
                                                                       Date of Decision : 03.07.2024

                         WELFARE ASSOCIATION OF SECT.7 F.BAD & ORS.                       .... Appellants

                                                            VERSUS

                         HARYANA URBAN DEVELOPMENT AUTH & ORS.                          .... Respondents

                         CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                         Present :      None for the appellants.

                                        Mr. Harmanjot Singh Gill, Advocate and
                                        Mr. Aman Chawriya, Advocate for respondents No.1 to 3.

                                        Mr. S.K. Gupta, Advocate for respondent No.4.

                                        Respondent No.5 proceeded against ex parte
                                        vide order dated 17.09.1997.

                         ALKA SARIN, J. (ORAL)

1. The present appeal pertains to the year 1997. Vide order dated 04.01.2024 fresh notices were issued to the parties. As per the Office report, notice issued to appellant No.1 has been received with the report that appellant No.1 refused to accept notice and accordingly affixation was made. However, no one has appeared on behalf of appellant No.1 despite knowledge. Appellant No.2 is stated to have died. No one has come forward to get themselves impleaded as legal representatives of deceased appellant No.2. Notices issued to appellants No.3 and 4 have been received back unserved with the report that their attorney holder has since died. There is no other address available with the Court for effecting service of appellants No.3 and 4 except the one mentioned in the memo of parties and in the judgments and decrees passed by the Courts below and is the same on which the notice was sent.

AMAN JAIN

2024.07.04 10:09 I attest to the accuracy and integrity of this judgment/order.

215-A RSA-1239-1997 (O&M) -2-

2. In view thereof, this Court is left with no other option but to dismiss the present appeal for non-prosecution.

3. Dismissed for non-prosecution with liberty to revive in case anything survives in the matter. Pending applications, if any, also stand disposed off.





                         03.07.2024                                          (ALKA SARIN)
                         Aman Jain                                              JUDGE

                                    NOTE:     Whether speaking/non-speaking: Speaking
                                              Whether reportable: Yes/No




AMAN JAIN
2024.07.04 10:09
I attest to the accuracy and
integrity of this judgment/order.