Citation : 2024 Latest Caselaw 7576 P&H
Judgement Date : 9 April, 2024
Neutral Citation No:=2024:PHHC:048357
DAILY LOK ADALAT BENCH NO.5
2024:PHHC:048357
507
RSA-874-2002
RAJ RANI VS TARSEM LAL
Present: Jasvir Kaur maternal grand daughter
of appellant Raj Rani,
Inderjit Singh-son in person.
None for the respondent.
***
Suit of the appellant was decreed by the learned Trial Court.
Against the judgment and decree, the defendant-Tarsem Lal along with his
family members came in appeal. The first appeal was allowed partly with
regard to certain portion of house claimed to be purchased vide sale deed
Ex. D1. Against the judgment and decree of the learned First Appellate
Court dated 07.11.2001, the plaintiff approached the Hon'ble High Court
through the present appeal. The Hon'ble High Court while issuing notice of
motion was pleased to stay the operation of judgment vide order dated
06.03.2002. Upon service of notice, Mr. B.S. Sidhu, Advocate caused
representation on behalf of the respondent. Thereafter, vide order dated
07.04.2003, the Hon'ble High Court while admitting the appeal extended
the interim order till further orders with further direction to the parties to
maintain status qua the property in dispute.
The matter came up before the Lok Adalat on 06.03.2024 and
the parties were directed to appear in person.
In pursuance thereto Jasvir Kaur w/o Late Sukhdev Singh,
maternal grand daughter of appellant-Raj Rani has caused appearance
before us today and stated that she is residing in the propoerty in question
as owner in view of the Will allegedly executed by the appellant-Raj Rani.
She states that Raj Rani had a daughter who died during the lifetime of
Raj Rani. Now during the pendency of the present appeal, appellant Raj
Rani has since died on 23.07.2006 as per death certificate furnished by
the Jasvir Kaur. As per the office report, Ram Swarup-respondent No.2
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Neutral Citation No:=2024:PHHC:048357
has been residing out of country whereas Tarsem Lal-respondent No.1 is
not residing at the given address.
In view of the above, we feel that no purpose shall be achieved
in keeping the appeal on board.
In these circumstances, file be consigned to the record room
with liberty to the parties to revive the same as and when an application in
this regard is filed.
A copy of this order be sent to the respondents' at the address
furnished in the memo of parties.
(Jitendra Chauhan) PRESIDENT
(R.P. Nagrath) MEMBER April 09, 2024 poonam
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