Naurang Rai And Others v. Raj Kumar And Others

2023:PHHC:056752 RSA-117-1992 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-117-1992 Date of Decision: 21.04.2023 Naurang Rai and others ...... Appellants

Versus

Raj Kumar and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

None for the appellants.

Mr. Parvinder Singh, Amicus Curiae.

***** RAJBIR SEHRAWAT, J. (ORAL) The present regular second appeal has been preferred by the appellants/legal representatives of defendant No.1 against the judgment and decree dated 11.02.1987 passed by the Sub Judge Ist Class, Hisar, decreeing the suit of the plaintiff/respondent No.1 for recovery of Rs.40,000/-, as well as, the judgment and decree dated 16.12.1989 passed by the Additional District Judge, Hisar, whereby the appeal filed by the plaintiff/respondent No.1 for claiming interest has been allowed and cross-objections filed by the appellants/defendant no.1 was dismissed.

The office report shows that respondents are not served for want of correct address and notice issued to the appellants have not been received back. Otherwise also, none of the respondents has come present, therefore, respondents are being represented through Mr. Parvinder Singh, Legal Aid Counsel. Even appellants No.1 and 2 are recorded to be dead as per order dated 31.01.2020. There is no representation even on behalf of the appellant VIRENDRA SINGH ADHIKARI 2023.04.25 10:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:056752 RSA-117-1992 -2No.3. The suit pertains to specific performance of the contract. Hence, it is obvious that the dispute between the parties does not survive any more and therefore, the parties have lost their interest in the present case. Resultantly, none has been appearing in the present case after the year 1992. In view of the above, the present appeal stands dismissed as not pressed.

(RAJBIR SEHRAWAT) JUDGE 21.04.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.04.25 10:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh