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Punjab-Haryana High Court
Union Of India And Ors vs Loku Ram Th Lrs And Ors on 19 January, 2026
RSA No. 1651 of 1990 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA No. 1651 of 1990 (O&M)
Date of Decision:19.01.2026
Union of India and others
....Appellants
vs.
Loku Ram, deceased through Legal Representatives and others
....Respondents
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: None for appellant No. 1
Mr. Ravi Pratap Singh, D.A.G, Haryana
for appellant No. 2
None for the respondents
***
JAGMOHAN BANSAL, J. (ORAL)
1. The instant appeal is filed by State of Haryana against
judgments and decrees passed by Courts below.
2. On 22.08.2023, the following order was passed:-
" On instructions from Sh. Rohit Dewal, Assistant District
Attorney, Gurugram, learned State counsel informs the Court
that the direction recorded regarding recovery of the costs in the
last part of the order dated 01.03.2023 has been complied with.
Learned State counsel seeks some time for moving an
appropriate application for bringing on record the legal
representatives of the respondent(s), who are reported to have
died.
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RSA No. 1651 of 1990 (O&M) -2-
Before taking all the required steps, learned State counsel
is expected to go through the orders passed by this Court.
Adjourned to 16.10.2023."
3. The aforesaid order was followed by order dated 25.04.2024
which reads as:-
" Vide order dated 01.03.2023, learned State counsel had
sought one more opportunity to effect the service on the
unserved respondents. A costs of Rs.10,000/- was also imposed
on the appellant-State of Haryana to be deposited with the Poor
Patient Funds, PGI, Chandigarh. Fresh notice was issued
subject to filing of process fee and correct addresses of the
unserved respondents within a period of four weeks. Service
was also ordered to be effected through Dasti as well. The
matter was adjourned to 22.08.2023 when it was noticed that
even though the cost had been deposited, however, the
appellant-State sought for more time to bring on record the LRs
of the respondents, who were reported to have died. The matter
was adjourned to 16.10.2023 and thereafter for 30.11.2023
when the appellant-State sought yet more time to comply with
the earlier order. The case was thus adjourned for today.
Learned State counsel prays for yet another opportunity
to comply with the earlier order and to bring on record the LRs
of the deceased respondents and to effect service. It is also
evident that last opportunity was granted to the appellant-State
on 15.11.2022 to effect service upon the respondents through
Dasti process only, however, no effort at all has seemingly been
made by the appellant-State.
Learned State counsel prays for last opportunity.
One last opportunity is granted to the appellant-State to
bring on record the LRs of the deceased-respondents and effect
service on the un-served respondents.
In the interest of justice, adjourned to 24.07.2024.
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RSA No. 1651 of 1990 (O&M) -3-
Let fresh notice be issued on filing of details of the LRs
and their addresses and on filing of process fee etc., within a
period of 8 weeks, from today, for the date fixed.
Process Dasti only."
4. On 14.11.2024, the following order was passed:-
" It appears, prima facie, that suit of plaintiff-
respondent was decreed on 07.01.1989 by the then
learned Sub Judge IInd Class, Gurgaon; for recovery of
an amount of Rs.11,750/- along with interest at the rate of
12% per annum from the date of filing the suit till
realisation of the decretal amount.
No one is appearing on behalf of the respondents;
nor the LRs of some deceased-respondent(s) have been
brought on record despite sufficient opportunities.
In view of the above, let Tehsildar (Sales),
Gurugram along with complete original records be
present for assistance in the matter.
The officer is also directed to ascertain about the
possession of the suit property as on today and also to get
the information whether decretal amount has been
withdrawn by the plaintiff-respondent or his LRs.
Posted for 10.12.2024."
5. On 17.01.2025, learned State counsel made a statement that
nothing survives in the instant appeal because relief granted to respondents-
plaintiffs vide impugned judgments and decrees stand disbursed to them.
6. There is no representation of the respondents-plaintiffs.
7. From the previous orders, it is evident that appellant is not
interested to pursue the matter because relief granted by Courts below stand
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RSA No. 1651 of 1990 (O&M) -4-
disbursed to respondents-plaintiffs. The total amount involved in the suit
was Rs.11,750/-.
8. Considering the amount involved, absence of respondents-
plaintiffs and stand of appellant that decreed amount stands released to
respondents-plaintiffs, the appeal is hereby dismissed.
9. Pending Misc. application(s), if any, shall stand disposed of.
(JAGMOHAN BANSAL)
JUDGE
19.01.2026
paramjit
Whether speaking/reasoned: Yes
Whether reportable: No
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