Punjab-Haryana High Court
Jagir Singh And Anr vs Jagir Singh And Ors on 28 November, 2023
Neutral Citation No:=
2023:PHHC:151188 Page 1 of 3
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
234 RSA-1483-1997 (O&M)
Date of order: 28.11.2023
Jagir Singh & Another
.....Appellant(s)
Vs.
Jagir Singh & Others
.....Respondent(s)
CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA
Present:- None.
*****
Nidhi Gupta, J.
This is a second appeal filed by defendants No.3(i) and
(ii)/appellants against the judgment and decree dated 26.09.1995 passed by learned trial Court in favour of the plaintiff/respondent No.1 in a suit for declaration; as also against judgment of learned First Appellate Court dated 15.11.1996 whereby appeal filed by the appellants, against the judgment and decree of learned trial Court, has been dismissed.
Perusal of order sheets shows that on 23.01.2020, there was no representation on behalf of the appellants, hence, Co-ordinate Bench of this Court had passed the following order:-
"As per office report, service of the respondents is as under:-
"Respondent Nos. 1, 10 and 11: Died Respondent Nos. 2, 3, 4, 5, 8 and 9: Incomplete Address.
Respondent No.6: Represented by counsel. Respondent No.7: Served."
1 of 3 ::: Downloaded on - 30-11-2023 23:52:44 ::: Neutral Citation No:= 2023:PHHC:151188 Page 2 of 3 This Regular Second Appeal was admitted way- back on 16.09.1997 and listed on the basis of some office note.
Let an intimation be sent by the Registry to Mr. K.K. Garg, Advocate, counsel for the appellants, to do the needful in the matter.
Adjourned to 21.09.2020".
On 10.10.2022, again there was no representation on behalf of the appellants and Co-ordinate Bench of this Court had passed the following order:-
"Lastly, when the file was dealt by the Court on 23.01.2020, an intimation was ordered to be sent by the Registry to Sh. K.K. Garg, learned counsel for the appellants, to do the needful, vis-a-vis, service of respondents.
However, today none has made appearance on behalf of the appellant. In view of the same, let fresh intimation be sent to Sh. K.K. Garg, Advocate, to comply with the order dated 23.01.2020, vis-a-vis, furnishing of correct addresses of respondents No.2 to 5 and 8 & 9, within a period of 10 days from today onwards.
Now, to come up on 06.12.2022".
On 14.02.2023, the matter was adjourned as there was no representation on behalf of the appellants. Even on the last date of hearing i.e. 15.03.2023, none had appeared on behalf of the appellants. Today also, no one has put in appearance on behalf of the appellants.
2 of 3 ::: Downloaded on - 30-11-2023 23:52:44 ::: Neutral Citation No:= 2023:PHHC:151188 Page 3 of 3 It appears that the appellants have lost interest in pursuing the present appeal. Be that as it may, in view of the above noted position, the instant appeal is dismissed for want of prosecution.
Pending application(s) if any also stand(s) disposed of.
28.11.2023 (Nidhi Gupta)
Sunena Judge
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=
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