Kapoor Singh vs Mohinder Singh & Others
2024 Latest Caselaw 1919 P&H

Punjab-Haryana High Court

Kapoor Singh vs Mohinder Singh & Others on 29 January, 2024

                                                        Neutral Citation No:=2024:PHHC:011474




   2024:PHHC:011474                                               Page 1 of 2


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

203                                                    RSA-516-1995 (O&M)

                                                  Date of Decision: 29.01.2024

Kapoor Singh

                                                                         .... Appellant

                                  Versus



Mohinder Singh and others

                                                                    .... Respondents



CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA



Present: - None.



NIDHI GUPTA, J. (ORAL)

After remaining unsuccessful before both the Courts below,

defendant No. 1/appellant herein, has filed the instant Regular Second

Appeal, against the judgment and decree of Ist Appellate Court dated

12.09.1994, affirming the judgment and decree of the trial Court dated

20.03.1991, whereby the 'suit for declaration', filed by the

plaintiffs/respondents No. 1 and 2 herein, was decreed.

There is no representation on behalf of either of the parties.

Perusal the file shows that on the last date of hearing i.e.

19.10.2023, the Registry had reported that learned counsel earlier

representing the sole appellant had informed on telephone that the

appellant had taken back the brief from him long time back. Thus, actual

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Neutral Citation No:=2024:PHHC:011474

date of hearing notice was ordered to be issued to the sole appellant

through registered post/A.D.

Pursuant thereto, as per office report, notice issued to the sole

appellant has been received back with the report 'died'.

In the aforesaid premise, issuance of fresh notice to LRs of the

deceased sole appellant, if any, would be a futile exercise as LRs of the

deceased appellant have not taken any steps to implead themselves and no

attempt has been made by them to contact previous counsel or to engage a

new counsel. It appears that due to sheer long pendency of the present

second appeal before this Court for a period of more than 28 years, they

have lost interest in pursuing the same.

Be that as it may, in view of the foregoing circumstances, the

instant regular second appeal is dismissed for non-prosecution, with liberty

to the LRs of deceased/appellant, to move an appropriate application

within a period of 03 months from today for reviving the same, if so,

advised.

Pending application(s), if any, also stand disposed of.

29.01.2024                                                     ( NIDHI GUPTA )
Rishu/sunena                                                       JUDGE


               Whether speaking/reasoned Yes/No

               Whether Reportable               Yes/No




                                                        Neutral Citation No:=2024:PHHC:011474

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