Fauja Singh vs Zaila Singh
2023 Latest Caselaw 20085 P&H

                                                         Neutral Citation No:=2023:PHHC:147293




              2023:PHHC:147293                       Page 1 of 2

      IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

224                                                    RSA-1465-1996 (O&M)
                                                       Date of order: 20.11.2023
Fauja Singh
                                                                     .....Appellant(s)
                                          Vs.
Zaila Singh
                                                                   .....Respondent(s)

CORAM:                HON'BLE MS. JUSTICE NIDHI GUPTA

Present:-             None for the appellant.

                      Respondent has been proceeded against ex parte
                      vide order dated 15.07.1997.

                      *****
Nidhi Gupta, J.

This is a second appeal filed by the plaintiff/appellant

against judgment of learned Additional District Judge, Ferozepur. The

appellant/plaintiff had filed a suit for specific performance which was

dismissed by the learned trial Court vide judgment and decree dated

01.03.1994; and the appeal filed against the same has also been dismissed

by the learned First Appellate Court vide judgment dated 19.01.1996.

The matter is coming up for hearing after the year 1997.

Notice was issued on 14.03.1997, and on 15.07.1997, the sole respondent

was proceeded against ex parte as none had appeared on his behalf despite

service. The matter was adjourned on 29.07.1997 and 20.08.1997, and

again, the matter was adjourned at the request of learned counsel for the

appellant on 26.09.1997 and 14.10.1997.

As per office report dated 17.11.2023, learned counsel

for the appellant has been informed about the date fixed through e-mail.

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Neutral Citation No:=2023:PHHC:147293

However, despite that today also, there is no representation on behalf of

the appellant.

Therefore it can safely be presumed that the appellant

or his counsel is no more interested in pursuing the instant second appeal.

Thus, this Court is left with no other option except to dismiss the present

appeal for non-prosecution. Ordered accordingly.

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

20.11.2023                                                     (Nidhi Gupta)
Sunena                                                            Judge

      Whether speaking/reasoned                        Yes/No
      Whether reportable                               Yes/No




                                                        Neutral Citation No:=2023:PHHC:147293

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