Citation : 2024 Latest Caselaw 5589 P&H
Judgement Date : 12 March, 2024
RSA-2921-1998 (O&M) 2024:PHHC:034815 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (102) RSA-2921-1998 (O&M) Date of Decision : 12.03.2024 Nanak Chand and another ...Appellants Versus Sunder Singh and others ...Respondents CORAM: HON'BLE MRS. JUSTICE RITU TAGORE Present: Mr. Anupam Mathur, Advocate for the appellants. Mr. Sunil Chadha, Sr. Advocate with Ms. Kashish Aggarwal, Advocate for the respondents. 3K 2 ok 3 RITU TAGORE, J (ORAL)
1. Learned counsel for the respondents/plaintiffs submits that the
dispute is qua the wall marked as AB in the site plan. Learned counsel for the respondents/plaintiff submits that in the passage in dispute, the defendants/appellants have carved out the doors and windows. Further that defendants/appellants have already sold their property.
2. It is submitted that subsequent purchaser has closed all the doors and windows, carved out by the defendants/appellants. Learned counsel for the respondents further submits that as per his information both the appellants and the defendants has since passed away and as such, the issue does not survive anymore.
3. On the other hand, learned counsel for the appellants/defendants submits that he is not in contact with the appellants since long.
Pe ay an
authenticity of this order/judgment
RSA-2921-1998 (O&M) 2024: PHHC:034815
4. In view of the facts and circumstances as narrated above, it seems matter does not survive any longer. In view thereof, this regular second appeal is dismissed without expressing any opinion on the merits of the matter with
liberty to the aggrieved person to revive this appeal, if any grievance still
persists.
5. Pending miscellaneous applications, if any, stand disposed of accordingly.
(RITU TAGORE) JUDGE March 12, 2024 Manpreet Whether speaking/reasoned Yes/No
Whether reportable : Yes/No
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