Ganesha vs Mam Raj
2024 Latest Caselaw 7707 P&H

Punjab-Haryana High Court

Ganesha vs Mam Raj on 10 April, 2024

                                    Neutral Citation No:=2024:PHHC:049448



                                                              2024:PHHC:049448
      IN THE PUNJAB AND HARYANA HIGH COURT AT
                     CHANDIGARH
121                                                    CWP-2160-1991 (O&M)
                                                    Date of Decision: 10.04.2024

GANESHA (SINCE DECEASED) THROUGH LRs.
                                                                    ... Appellants
                                    VERSUS
MAMRAJ (SINCE DECEASED) THROUGH LRs.
                                                                   ... Respondent
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.
                                        ****
Present:     None.
                                        ****
VINOD S. BHARDWAJ, J. (ORAL)

CM-3678-C-2024

This is an application for bringing the LRs of the sole respondent

Mamraj, who has since been died.

For the reasons mentioned in the application, the same is allowed

subject to all just exceptions and the LRs, as mentioned in the application, are

permitted to be brought on record. However, the same shall be for the purpose

of pursuing the present appeal only and without prejudice to the rights of any

third person/party.

The amended memo of parties, appended alongwith the present

application, is ordered to be taken on record. Registry is directed to tag the

same at appropriate place of the paper book and page mark the same.

MAIN APPEAL

The appellant-plaintiff is in second appeal against the judgment

and decree dated 30.07.1991 passed by the then Addl. District Judge, Narnaul

in Civil Appeal No.136 of 1987 dated 15.06.1987, whereby the judgment and

decree dated 28.04.1987 passed by the Addl. Sr. Sub Judge, Narnaul in Civil

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Neutral Citation No:=2024:PHHC:049448

RSA-2160-1991 (O&M) -2- 2024:PHHC:049448

Suit No.98 of 1983 dated 26.02.1983 has been reversed while accepting the

appeal and dismissing the suit of the appellant-plaintiff.

It was noticed by this Court vide order dated 24.08.2023 that the

counsel for the appellant as well as the respondent have died during the

pendency of the present appeal. Therefore, the Registry was directed to issue

fresh notice to the appellant as well as the respondent with regard to the next

date of hearing.

It has been reported by the Registry that the appellant No.1(i),

1(iv) and 1(vi) were died and no application has been filed for bringing their

LRs on record. So far as the appellants No.1(ii) and 1(iii) are concerned, they

were served. However, no one chose to enter appearance on the next date of

hearing i.e. 11.10.2023 despite service. The matter was thereafter adjourned to

11.12.2023, however, on the said date, the matter could not be taken up and was

adjourned by order for today i.e. 10.04.2024. The position remains unchanged

even today as well. It seems that the appellant(s) are no longer interested in

pursuing the present appeal.

Dismissed for non prosecution.

                                                       (VINOD S. BHARDWAJ)
APRIL 10, 2024                                               JUDGE
rajender


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




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