Citation : 2024 Latest Caselaw 7051 P&H
Judgement Date : 3 April, 2024
Neutral Citation No:=2024:PHHC:045007
2024:PHHC:045007
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
125
RSA-2560-1993
Decided on :03.04.2024
Ram Narain
. . . Appellant
Versus
Municipal Committee, Sonepat
. . . Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: None for the appellant.
Mr. Sapan Dhir, Advocate
for the respondent.
*****
VIKAS BAHL, J.(ORAL)
1. This is plaintiff's appeal against concurrent finding of fact.
2. The suit was filed by the plaintiff for permanent injunction
restraining the defendant from dispossessing the plaintiff from the suit
property and from demolishing the construction of the suit property.
3. The trial Court vide judgment and decree dated 19.03.1991,
dismissed the said suit and the appeal filed by the plaintiff was dismissed
vide judgment and decree dated 22.10.1993. It is against the said
concurrent finding of fact that the plaintiff has approached this Court.
4. On 27.02.2023, a Coordinate Bench of this Court was pleased
to pass the following order:-
"Present: None for the appellant.
Mr. Deepak Balway, Addl. A.G. Haryana.
****
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Neutral Citation No:=2024:PHHC:045007
RSA-2560-1993 -2- 2024:PHHC:045007
For, on the previous date of hearing counsel for the appellant was not present, notice was issued to him. However, office report indicates that Sh. S. K. Bansal, Advocate, who was appearing for the appellant, passed away in the year 2014.
Office is directed to issue notice for an actual date to the appellant for 11.05.2023."
4. As per report of the registry, the sole appellant was not found
residing at the given address.
5. None has appeared on behalf of the appellant.
6. Dismissed for non-prosecution. Liberty is granted to the
appellant to revive the present appeal, in case, any cause of action
survives.
7. Registry is directed to send the copy of the present order to
the appellant at the address mentioned in the memo of parties.
(VIKAS BAHL) JUDGE 03.04.2024 Mehak
Whether reasoned/speaking? Yes/No Whether reportable? Yes/No
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