Nemi Chand & Ors vs Prabhu
2024 Latest Caselaw 7688 P&H

Punjab-Haryana High Court

Nemi Chand & Ors vs Prabhu on 10 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                              2024:PHHC:049452
                                   204
                                                 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                                CHANDIGARH

                                                                                    RSA-1451-1995 (O&M)
                                                                                    Date of decision : 10.04.2024


                                   Nemi Chand & Ors.                                                 ... Appellant(s)
                                                                          Versus
                                   Prabhu (deceased) through LRs                                   ... Respondent(s)

                                   CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                                   Present :         None.



                                   ALKA SARIN, J. (ORAL)

1. Vide order dated 16.12.2023 notices were issued to the parties. As per the office report, the appellants remain unserved as they were not found residing at the given address. This is the only address which was given in the memo of parties as well as in the judgments and decrees of both the Courts. Respondent Nos.1(i), 1(ii), 1(v) are stated to have died. Respondent No.1(iv) remains unserved as his brother has stated that he has gone outside and he refused to accept notice, however, affixation has been made. Respondent Nos.1(iii), 1(ix) to 1(xii) have also refused to accept notices, however, affixation has been made. Respondent Nos.1(vi) to 1(viii) are stated to have married and are residing with her in-laws. No one has put in appearance on behalf of the appellants. In view thereof, this Court is left with no other option but to dismiss the present appeal for non-prosecution.

2. Dismissed for non-prosecution with liberty to revive in case anything survives in the matter. Pending applications, if any, also stand disposed off.

                                   10.04.2024                                  ( ALKA SARIN )
                                   Yogesh Sharma                                    JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2024.04.11 09:56 I attest to the accuracy and integrity of this order/judgment.

Punjab and Haryana High Court, Chandigarh