High Court of Punjab and HaryanaCR/6749/2017dismissed

Rajesh Kumar v. Vidya Devi And ORS

2018-05-18Mrs Justice Daya Chaudhary2 pages

-1Civil Revision No.6749 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Revision No.6749 of 2017 (O&M) Date of decision: 18.05.2018 Rajesh Kumar .......Petitioner versus Vidya Devi and others ......Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - None for the petitioner.

Mr. Satbir Rathore, Advocate, for LRs of respondent No.1. RAMENDRA JAIN, J. (ORAL) Through CM No.6584-CII of 2018, under Section 151 CPC, petitioner has prayed for pre-poning the date of hearing in the instant petition or in the alternate to direct the trial Court not to pass the final judgment.

As per office report, respondents No.1 and 2 have expired. However, Mr. Satbir Rathore, Advocate, has appeared on behalf of legal heirs of respondent No.1. None has appeared on behalf of respondents No.3 to 6, despite their service. Respondent No.7 is reported to be not residing at the given address, whereas notices issued to respondents No.8 and 9 have not been received back, served or otherwise.

Learned counsel appearing for legal heirs of respondent No.1, has produced a copy of judgment dated 31.03.2018, duly attested by him, of the trial Court, Mukerian, and contends that main revision has rendered Ravinder Singh 2018.05.22 11:17 I attest to the accuracy and authenticity of this document infructuous, because suit of the petitioner-plaintiff has been dismissed vide aforesaid judgment.

-2Civil Revision No.6749 of 2017 (O&M) None is present on behalf of the petitioner. On 06.04.2018 also none had appeared on his behalf. Therefore, considering judgment dated 31.03.2018 of the trial Court and the fact that petitioner or his counsel is no more interested in pursuing this petition, the same along with CM-6584-CII of 2018 is dismissed on both counts i.e. for want of prosecution as well as having rendered infructuous.

(Ramendra Jain) May 18, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No.

Ravinder Singh 2018.05.22 11:17 I attest to the accuracy and authenticity of this document