Gurdial Singh vs Harjeet Singh
2024 Latest Caselaw 8945 P&H

Punjab-Haryana High Court

Gurdial Singh vs Harjeet Singh on 26 April, 2024

                                        Neutral Citation No:=2024:PHHC:057193




134 IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                 Neutral Citation No. 2024:PHHC:057193
                                 RSA-1734-1992 (O&M)
                                 Date of Decision: April 26, 2024

Gurdial Singh and another                             ...Appellants
                     Versus
Harjeet Singh                                         ...Respondent
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:-    None.

DEEPAK GUPTA, J.(Oral)

As was noticed on the last date of hearing, the counsel, who

were initially representing the two parties, have already expired. Notice to

both the parties were issued. Today, notice to both the appellants; as well as

the sole respondent has been received with the report of unserved due to

incomplete address, as reported by the Registry.

2. A perusal of the address as mentioned in memo of parties; as

well as in the judgment of the Trial Curt and that of the First Appellate Court

would reveal that address of two parties as mentioned therein is residents of

Sirhind City, Tehsil Fatehgarh Sahib, District Patiala (Punjab), which

apparently appears to be incomplete without giving any details of house

number and street number etc. Thus, nothing is available on record, so as to

serve any of the parties.

4. Apart from above, paper book also reveals that suit of

permanent injunction was filed regarding a dispute pertaining to flow of

water through a drain towards the house of the plaintiff. Though, the suit

was dismissed by the Trial Court on 27.01.1988, but the appeal of the

plaintiff was accepted by the First Appellate Court on 09.05.1992 and the

suit was decreed.

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Neutral Citation No:=2024:PHHC:057193

Neutral Citation No. 2024:PHHC:057193 RSA-1734-1992 (O&M)

5. In the aforesaid facts and circumstances, when address of none

of the parties is available and the dispute appears to be pertaining to flow of

water, it is quiet possible that cause of action no longer survives. As such,

present appeal is hereby dismissed in default, but with liberty to any of the

parties to approach this Court for getting this appeal revived, in case, any

cause of action still survives.

April 26, 2024                                  (DEEPAK GUPTA)
sarita                                               JUDGE
                    Whether reasoned/speaking: Yes/No
                    Whether reportable:        Yes/No




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