Gurmit Singh vs Darshan Singh
2024 Latest Caselaw 5389 P&H

Punjab-Haryana High Court

Gurmit Singh vs Darshan Singh on 11 March, 2024

                                                           Neutral Citation No:=2024:PHHC:034617




                                                                  2024:PHHC:034617



             IN THE HIGH COURT OF PUNJAB & HARYANA
                         AT CHANDIGARH
130
                                        RSA-1258-1992 (O&M)
                                        Date of decision: 11.03.2024

Gurmeet Singh
                                                                       ...Appellant

                                      VERSUS

Darshan Singh and others

                                                                     ...Respondents



CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present :-    None for the parties.

                     *****

VINOD S. BHARDWAJ, J. (Oral)

1. The present appeal has been preferred against the judgment and

decree dated 05.08.1987 passed by the Sub-Judge 1st Class, Jalandhar,

passed in Civil Suit No.387/1985//337/1985 where the suit for declaration to

the effect that the plaintiff is the owner to the extent of 100/322 shares i.e. 5

kanals 2 marlas in Khewat No.217 situated in the revenue estate of village

Bhojjowal, has been dismissed and against the judgment and decree dated

20.02.1992 passed in RCA No.46 of 1987 by Additional District Judge,

Jalandhar, whereby the appeal preferred against the aforesaid judgment and

decree dated 05.08.1987 has also been dismissed.

2. The instant appeal was admitted vide order dated 23.03.1994

after noticing that the service upon the unserved respondents could not be

effected as the learned counsel for the appellant failed to furnish their correct

addresses. It is evident that the matter was listed thereafter on various

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130 RSA-1258-1992 (O&M)

occasions, however, the service upon the respondents could not be effected.

The matter was taken up on 15.11.2022 when notice was issued to the

appellant. On the adjourned dated, learned counsel for the appellant entered

appearance and it was apprised that respondents No.2, 8 and 9 had not been

served, while respondent No.2 was reported to have died, respondents No.8

and 9 were proceeded against ex-parte. On the said date time was sought by

the learned counsel for the appellant to get instructions from the appellant

and the hearing of the case was accordingly deferred.

3. On the last date of hearing i.e. 04.03.2024, there was no

appearance on behalf of the parties and direction was issued to the Registry

to inform the learned counsel for the appellant about the next date of

hearing.

4. As per the report of the Registry, learned counsel representing

the appellant has informed that she has no further instructions.

5. Dismissed for non-prosecution.

6. Liberty is however granted to the appellant to seek revival of

the present appeal if any cause still survives.

7. The civil misc. application, if any, stands disposed of.

                                                 (VINOD S. BHARDWAJ)
11.03.2024                                               JUDGE
Mangal Singh

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




                                                            Neutral Citation No:=2024:PHHC:034617

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