(O&M) Ajaib Singh Etc. v. Satya Wati

2023:PHHC:064564

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH RSA-497-1990(O&M) Date of Decision:04.05.2023 AJAIB SINGH AND ANR.

......Appellants.

Versus

SATYA WATI (DECEASED) THROUGH LRS.

...Respondent(s).

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Gaurav Mohunta, Advocate and Mr. Satyendra Kumar, Advocate for the appellants.

Ms. Gunjeet Brar, Advocate for Mr. Vikas Singh, Advocate for respondent(s). * * * * ARUN MONGA, J.(ORAL) On 21.03.2023 the following order was passed: "Appeal being of 1990, on a Court query, as to whether anything survives for adjudication or whether learned counsel for appellants is in touch with his clients, he fairly concedes that all his earlier efforts to contact his clients have been futile and, he needs one last opportunity to seek instructions.

Post it on 04.05.2023."

2.

Petition was admitted for hearing on 22.08.1990. 3.

When taken up for final adjudication, after around 30 years, both learned counsels are unable to assist the Court for lack of instructions. Learned counsel for the appellants states that despite attempts, his office could not contact the appellants. In the premise, no JYOTI THAKUR 2023.05.05 11:31 I attest to the accuracy and integrity of this order/judgement

RSA-497-1990(O&M) -2useful purpose would be served to issue fresh notice to appellants as the same too would be an exercise in futile. Even the address of appellants is also perhaps not complete as is borne out from the memo of parties. 4.

Be that as it may, the second appeal is dismissed for nonprosecution, with liberty to file an appropriate application as and when appellants contact his counsel.

5.

Pending application(s), if any, also stands disposed of ( ARUN MONGA ) 04.05.2023 JUDGE Jyoti Thakur Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI THAKUR 2023.05.05 11:31 I attest to the accuracy and integrity of this order/judgement