Shaukat Ali And Another vs Salmuddin And Others
2023 Latest Caselaw 5136 P&H

                                                          Neutral Citation No:=2023:PHHC:057612




RSA 4957-2019 (O&M)                                                                1



102

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH
                             -.-

                                 RSA 4957-2019 (O&M)
                                 Date of decision: 24.04.2023

Shaukat Ali and another                                          ..........Appellants
                   Versus
Salmuddin and others                                             ........Respondents


Coram:       Hon'ble Mr. Justice Rajbir Sehrawat

Present:     Mr. Akash Sheoran, Advocate for
             Mr. Rajesh Bhateja, Advocate
             for the appellants
                    -.-

Rajbir Sehrawat, J. (Oral)

The present regular second appeal has been filed by the

appellants/defendants, assailing the judgment and decree dated 09.03.2017

passed by the Civil Judge (Junior Division), Faridabad as well as the

judgment and decree dated 05.07.2019 passed by the Additional District

Judge, Faridabad, whereby the suit filed by respondent No. 1/plaintiff

against the appellants/defendants was partly decreed vide judgment and

decree dated 09.03.2017 and the appeal filed by the respondent/plaintiff

against the judgment and decree of the trial Court was modified by the

appellate Court vide judgment and decree dated 05.07.2019, without

appreciation of the legal and judicial mind and against the principles of the

natural justice.

Counsel representing the appellants submits that appellant No.

1 - Shaukat Ali has already expired and appellant No. 2 - Rahmuddin has

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Neutral Citation No:=2023:PHHC:057612

also not been in touch with the counsel. Hence, counsel has pleaded no

instructions in the matter.

In view of the above, since appellant No. 1 has expired, the

appeal qua him stands abated; and qua appellant No. 2, the appeal is

dismissed in default.

                                                                   (Rajbir Sehrawat)
                                                                          Judge
24.04.2023
mohan bimbra
               Whether speaking/reasoned            Yes/No
               Whether reportable                   Yes/No

Neutral Citation No:=2023:PHHC:057612

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