State Of Punjab vs Balkar Singh
2024 Latest Caselaw 7286 P&H

Punjab-Haryana High Court

State Of Punjab vs Balkar Singh on 5 April, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                       Neutral Citation No:=2024:PHHC:046711



RSA-425-1998 (O&M)              -1-                2024:PHHC:046711

                IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH


201                                            RSA-425-1998 (O&M)
                                               Date of Decision :05.04.2024


Punjab State through Collector Gurdaspur                        ...Appellants
and another

                                Versus


Balkar Singh                                                    ....Respondent

CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:    Mr. Rohit Ahuja, DAG, Punjab for the appellant-State.

            Mr. H.S. Bedi, Advocate for the respondent along with
            Ms. Jagdish Kaur w/o Balkar Singh-respondent
            (since deceased).

                                ***

Harsimran Singh Sethi, J. (Oral)

1. In the present appeal, challenge is to judgment and decree of

the Courts below by which, the suit filed by the respondent-plaintiff has

been allowed.

2. An affidavit has been filed by the legal heir of the respondent-

plaintiff i.e. wife of the respondent-plaintiff, who is present in the Court,

stating that as Balkar Singh already died in the year 2006, after whose

death, the wife of the respondent-plaintiff has already been appointed in the

department on compassionate basis, legal heir of the respondent-plaintiff is

not interested in pursuing the present remedy and the suit filed by

respondent-plaintiff be treated to be withdrawn.

3. Keeping in view the fact that as the respondent-plaintiff has

died and the legal heir of the respondent-plaintiff has already been granted

1 of 2

Neutral Citation No:=2024:PHHC:046711

RSA-425-1998 (O&M) -2- 2024:PHHC:046711

benefit of service on compassionate ground after his death and affidavit has

been filed by the legal heir of Balkar Singh that she was not interested in

pursuing the present remedy and the suit filed by the respondent may kindly

be treated to be withdrawn, said prayer is accepted and the suit filed by the

respondent-plaintiff is treated having been withdrawn.

4. Keeping in view the fact that suit filed by the respondent-

plaintiff stands withdrawn, present regular appeal has been rendered

infructuous and the same is disposed of as such.

5. An affidavit filed by the legal heir of the respondent-plaintiff is

taken on record and is marked as Ex-X.

April 05, 2024 (HARSIMRAN SINGH SETHI) aarti JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

2 of 2