Jagir Singh And Others vs Bachna Ram
2023 Latest Caselaw 1323 P&H

311          IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH


                                           RSA-316-1993
                                     Date of Decision : January 20, 2023


JAGIR SINGH AND OTHERS                                        ...... Appellants



                           Versus

BACHNA RAM                                                    ..... Respondent


CORAM:- HON'BLE MRS. JUSTICE LISA GILL

Present:     None.



                           ****

LISA GILL, J.

This appeal has been filed challenging judgment and decree

dated 15.11.1992 passed by the learned Additional District Judge, Patiala

whereby judgment and decree dated 15.06.1989 passed by the learned Sub-

Judge Ist Class, Patiala in favour of the plaintiffs (present appellants), was

set aside. Learned trial Court decreed the suit for mandatory injunction filed

by the plaintiff-appellants and directed the defendant to restore the

Pehi/passage in question within a period of two months. Appeal filed by the

defendant was allowed and judgment and decree dated 15.06.1989 passed by

the learned trial Court set aside.

Perusal of the file reveals that this appeal was admitted on

17.01.1994 with no interim order being passed in favour of the appellants.

                                      1 of 2

 RSA-316-1993                                                       -2-

As none had appeared on behalf of the parties when this appeal

was taken up for final hearing on 09.12.2022, notice was issued to the

parties for today.

As per office report, appellants were not found residing at the

given address. Sole respondent is reported to have died. None has come

forward to pursue this appeal.

In the given facts and circumstances, this Court is left with no

other option but to dismiss the appeal in default and for non-prosecution.

By way of abundant caution, copy of this order be conveyed at

the given address of the appellants. Needless to say, liberty is afforded to the

appellants to move an appropriate application in accordance with law within

six weeks in case of survival of the cause.

                                                              (LISA GILL)
January 20, 2023                                                JUDGE
rts
                     Whether speaking/reasoned: Yes/No
                     Whether reportable: Yes/No




                                   2 of 2