Shri Kishan Chand vs Unknown
2021 Latest Caselaw 4341 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

            ON THE 4th DAY OF SEPTEMBER 2021




                                                    .

                       BEFORE
       HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





       REGULAR SECOND APPEAL No. 550 of 2007





      Between:-

      SHRI KISHAN CHAND,
      SON OF SHRI DEVAU,
      RESIDENT OF VILLAGE PHINPAR,

      TESHIL PANGI,

      DISTRICT CHAMBA..

                                      ....APPELLANT
      (NONE)



      AND




 1.   SHRI BODH RAM
      SON OF SHRI BIR CHAND,





      RESIDENT OF PARGNA CHARI SACH,
      TEHSIL PANGI,
      DISTRICT CHAMBA.





 2.   SHRI DEVI SINGH
      SON OF SHRI PARAM DASS,
      R/O VILLAGE PHINPAR,
      PARGNA CHARI SACH,
      TEHSIL PANGI,
      DISTRICT CHAMBA.
                                 .....RESPONDENTS

 3.   SMT. SUNDER DEVI
      WD/O TEK CHAND

 4.   BHAJAN SINGH




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                             2




      S/O TEK CHAND

5.    DEVI CHAND




                                                  .

      S/O TEK CHAND

6.    DEVI SINGH
      S/O TEK CHAND





      ALL RESIDENTS OF VILLAGE PHINPAR,
      PARGNA CHARI SACH,
      TESHIL PANGI,




      DISTRICT CHAMBA.

7.    SMT. BHAN DEI
      D/O SH. TEK CHAND,
      W/O JAGDEV


      R/O VILL. PHINPAR,
      PARGNA CHARI SACH,
      TEHSIL PANGI,
      DISTRICT CHAMBA.



8.    SHRI GIANA
      S/O SH. PREM DASS
      RESIDENT OF VILLAGE PHINPAR,




      PARGNA CHARI SACH,
      TESHIL PANGI,





      DISTRICT CHAMBA.

9.    VIPAN LAL,





10.   BHAG SINGH,

11.   BUDHI CHAND,

      ALL SONS OF SHRI DEVAU,
      ALL RESIDENTS OF VILLAGE PHINPAR,
      PARGNA CHARI SACH,
      TEHSIL PANGI,
      DISTRICT CHAMBA (H.P.)

      (SHRI R.K. SHARMA, SENIOR ADVOCATE
       WITH MS. VIDUSHI SHARMA, ADVOCATE,




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      FOR R-1 AND R-2.
      NONE FOR R-3 TO 11)
_______________________________________________________




                                                                       .

                This appeal coming on for orders this day, the Court

    delivered the following:





                                 JUDGMENT

CMP No. 5963 of 2019 was moved by Mr. Karan

Sharma, Advocate, with the submission that subsequent to

designation of Mr. Anand Sharma (learned original counsel for

the appellant) as Senior Advocate, a registered letter dated

14.6.2019 was sent to the appellant requesting him for

furnishing a fresh power of attorney but the letter had not been

responded. Therefore, prayer was made in the application for

issuing court notice to the appellant. Following order was

passed in the matter on 2.8.2019:

"CMP No. 5963 of 2019:

Instant application has been moved by Mr. Karan Sharma, Advocate, pointing out that subsequent to designation of Mr. Anand Sharma, (learned original counsel for the appellant), as Senior Advocate, a registered letter dated 14.6.2019, was sent to the appellant, requesting him for furnishing a fresh Power of Attorney. It has been averred in the application that the afore-letter has gone un- responded. In fact, some previous registered letters have also been brought on record, which are stated to have not been responded by the appellant.

Therefore, Mr. Karan Sharma, learned counsel, prays for issuance of Court notice to the appellant. In view of the reasons

given in the application, the same is allowed and stands disposed of accordingly.

.

RSA No.550 of 2007:

Court notice be issued to the appellant, returnable for 13th September 2019."

On 8.11.2019 fresh court notice was ordered to be

issued to the appellant. On 11.3.2020 Mr. Ashok Dhiman,

learned Advocate appeared vice Mr. Karan Sharma, Advocate

before the learned Additional Registrar (Judicial). Court notice

was not served upon the appellant, however, Mr. Ashok

Dhiman, Advocate appeared vice Mr. Karan Sharma, Advocate

for the appellant and requested four weeks' time to file fresh

power of attorney. Fresh power of attorney has not been filed

till date. On 13.8.2021 at the request of learned counsel

appearing vice Mr. Karan Sharma, Advocate, the matter was

adjourned to after two weeks. The matter has been called

repeatedly today. However, none has put in appearance. It

appears that the appellant is not interesting in prosecuting the

appeal. Hence, this appeal is dismissed for non-prosecution.

Jyotsna Rewal Dua Judge 4th September, 2021 (vs)