Gurnam Singh vs Balkar Singh Etc
2023 Latest Caselaw 20205 P&H

Punjab-Haryana High Court

Gurnam Singh vs Balkar Singh Etc on 21 November, 2023

                                                         Neutral Citation No:=2023:PHHC:148006




            2023:PHHC:148006                         Page 1 of 2

       IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

240                                                    RSA-659-1996 (O&M)
                                                       Date of order: 21.11.2023
Gurnam Singh
                                                                     .....Appellant(s)
                                          Vs.
Shri Balkar Singh & Others
                                                                   .....Respondent(s)

CORAM:                HON'BLE MS. JUSTICE NIDHI GUPTA

Present:-             None.

                      *****
Nidhi Gupta, J.

This is a second appeal filed by the plaintiff/appellant

against judgments of learned trial Court and First Appellate Court. The

plaintiff/appellant had filed a suit for declaration which was dismissed by

the learned trial Court vide judgment and decree dated 31.08.1994. The

appeal filed by the plaintiff/appellant against the judgment of trial Court

has also been dismissed by the learned First Appellate Court vide its

judgment dated 19.10.1995.

The matter was last taken up for hearing on 16.12.2022

when none had appeared on behalf of the parties and notices were

directed to be issued to both the parties and their respective counsel.

As per office report dated 17.11.2023, learned counsel

for the parties have been informed through e-mail about the date fixed. It is

also reported that the appellant and respondent No.2 have since expired.

Notice issued to respondent No.1 has been received back served and notice

issued to respondent No.3 has been received back served through

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Neutral Citation No:=2023:PHHC:148006

daughter-in-law. However, today, there is no representation on behalf of

the parties.

In the aforesaid premise, issuance of fresh notices to the

parties would be an exercise in futility; also in view of the fact that LRs of

neither of the parties have come forth to pursue the present appeal. It

appears that during the pendency of the appeal before this Court for a

period of about 27 years, the appellants have lost interest in pursuing the

appeal as no attempt has been made to contact their counsel.

Be that as it may, accordingly, the instant appeal is

dismissed for want of prosecution with liberty to move an appropriate

application for reviving the same, if so desired/advised.

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

21.11.2023                                                     (Nidhi Gupta)
Sunena                                                            Judge

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




                                                        Neutral Citation No:=2023:PHHC:148006

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