Rattan Singh vs Manmohan Singh
2023 Latest Caselaw 3859 P&H

                                                              Neutral Citation No:=2023:PHHC:050409



                                                                            2023:PHHC:050409
RSA-1918-1990 (O&M)
206
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                                RSA-1918-1990 (O&M)
                                                        Date of decision: April 12, 2023

Rattan Singh (now deceased) through LRs
                                                                            ....Appellant(s)
                                           versus
Manmohan Singh
                                                                             ....Respondent

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:-    Mr. Vipin Mahajan, Advocate for appellant(s).

             Mr. Rajender Yadav, Advocate for
             Mr. Salil Dev Singh Bali, Advocate for respondent.

                                            *****
ARUN MONGA, J. (ORAL)

For convenience, parties herein are addressed as per the recitals before

learned trial Court.

2. Original appellant herein was defendant seeking to set aside

judgment/ decree dated 18.07.1990 passed by learned Additional District Judge,

Gurdaspur whereby appeal filed by plaintiff-respondent against judgment/ decree

dated 22.04.1989 passed by learned trial Court dismissing the suit of plaintiff, was

accepted and judgment/ decree of learned trial Court was set aside and defendant

was restrained from interfering in possession of plaintiff.

3. While admitting the appeal for final hearing, following interim order

dated 18.09.1990 was passed:

"Admitted.

Notice re: stay for 12.10.1990. Injunction as prayed meanwhile."

4. Subsequently, it appears that some dispute arose that who was

actually in possession. Another order dated 19.12.1990 was passed in the following

terms:

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Neutral Citation No:=2023:PHHC:050409

2023:PHHC:050409 RSA-1918-1990 (O&M)

"Both the parties are claiming to be in possession of the disputed land, the safer course in these circumstances is to order status quo as it existed on 18th September, 1990. I order accordingly."

5. Case has been taken up for final hearing today, on a Court query,

learned counsel for appellant(s) candidly submits that all his attempts to contact

appellant(s) has been futile, though he is appearing to discharge his duties since he

has filed his Power of Attorney, but he pleads lack of instructions, especiallyqua

current status of property. Likewise, same is the stand of learned counsel for

respondent and states that he is not in touch with respondent being an appeal of the

year 1990 and his attempts to contact respondent have also been futile.

6. Be that as it may, it appears that over a period of time, parties have

moved on and reconciled their differences and that is why none of them seem to be

in touch and/ or pursuing the case through their respective learned counsels.

7. In the premise, order dated 19.12.1990 is made absolute and instant

second appeal is disposed of for non-prosecution as both learned counsels lack

instructions, with liberty to revive proceedings in case any of the parties is

aggrieved qua status quo order dated 19.12.1990 ibid.

8. Pending application(s), if any, shall also stand disposed of.

                                                     (ARUN MONGA)
                                                         JUDGE
April 12, 2023
mahavir

Whether speaking/reasoned:             Yes/No

Whether reportable:                    Yes/No

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