Citation : 2024 Latest Caselaw 9611 P&H
Judgement Date : 3 May, 2024
Neutral Citation No:=2024:PHHC:061165
218
2024:PHHC:061165
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA-2659-1999 (O&M)
Date of decision: 03.05.2024
The State of Punjab and others
....Appellants
Versus
Gurdev Singh
....Respondent
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Surya Kumar, AAG, Punjab for the appellants.
None for the respondent.
NAMIT KUMAR J. (Oral)
The appellants/defendants have filed the instant appeal
against the judgment and decree dated 22.04.1999, whereby the learned
Lower Appellate Court, while allowing the appeal filed by the
plaintiff/respondent has set-aside the judgment and decree dated
20.05.1997, passed by the learned trial Court.
On 04.04.2024, the following order was passed:-
"As per office report, notice issued to sole respondent has been received back unserved with the report that he is not posted at the given address.
Learned State counsel, on instructions from Balhar Singh, ASI, Civil Suit Clerk, submits that the respondent has already retired from the service on attaining the age of superannuation on 31.01.2001. He has furnished the residential address of sole respondent.
Let notice be issued to the respondent for 03.05.2024 on the following address:-
SI Gurdev Singh S/o Partap Singh R/o Guru Ramdas Nagar, Moga, District Moga."
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Neutral Citation No:=2024:PHHC:061165
RSA-2659-1999 (O&M) -2- 2024:PHHC:061165
As per office report, fresh notice was issued to the sole
respondent at the given address at Moga but he did not meet at that
address and on phone call he told that his present address is of Amritsar
and then, the notice was forwarded to Amritsar but house was found
locked. While issuing notice of motion on 30.07.1999, operation of the
impugned judgment was stayed till further orders.
In this view of the matter, counsel for the State submits that
at this stage he does not press the present appeal, however, liberty may
be granted to revive the same, if any execution is filed by the
respondent.
Accordingly, the present appeal is disposed of with
aforesaid liberty.
(NAMIT KUMAR) JUDGE
03.05.2024 yakub
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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