Citation : 2024 Latest Caselaw 8247 P&H
Judgement Date : 19 April, 2024
Neutral Citation No:=2024:PHHC:052412
2024:PHHC:052412
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
121
RSA-10-1993 (O&M)
Decided on :19.04.2024
Sant Ram and another
. . . Appellants
Versus
Pyare Lal
. . . Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
PRESENT: Mr. Gaurav Sharma, Advocate
for the appellants.
*****
VIKAS BAHL, J.(ORAL)
1. Defendants is in appeal.
2. The suit filed by the plaintiff for mandatory injunction for
directing the defendants to demolish the wall, was decreed and the
defendants were directed to demolish the wall on the eastern side of the
house of the plaintiff.
3. The appeal filed by the defendants was dismissed vide
judgment dated 03.12.1992. It is against the said judgment of both the
Courts below that the present Regular Second Appeal has been filed.
4. Learned counsel for the appellants has submitted that inspite
of his best efforts, he has not been able to get in touch with the appellants to
verify as to whether anything survives in the present case and hence, he
prays that the present appeal may be dismissed for non-prosecution at this
stage but liberty may be granted to the appellants to revive the appeal, in
case, any cause of action survives.
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Neutral Citation No:=2024:PHHC:052412
RSA-10-1993 (O&M) -2- 2024:PHHC:052412
5. In view of the above facts and circumstances, present appeal is
dismissed for non-prosecution with the aforesaid liberty.
6. Registry is directed to send the copy of the present order to
the parties on the address mentioned in the memo of parties.
(VIKAS BAHL) JUDGE 19.04.2024 Mehak
Whether reasoned/speaking? Yes/No Whether reportable? Yes/No
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