Bishan Singh v. Karnail Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA No. 2015 of 1992 DATE OF DECISION : 22.02.2023 Bishan Singh @ Bishna and others ...Appellants

Versus

Karnail Singh and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. P. S. Chahal, Advocate for Mr. G. S. Nagra, Advocate, for the appellant.

None for the respondents.

ARUN MONGA, J.(ORAL) Defendant/appellants are in second appeal against the judgment and decree dated 15.09.1992 passed by learned Additional District Judge, Jalandhar, vide which appeal preferred by defendant/ appellant was upheld and judgment and decree dated 17.10.1990 passed by learned Sub Judge Ist Class, Jalandhar, was affirmed. 2.

Appeal was admitted 16.11.1992.

3.

Learned counsel for appellants submits that he is unable to assist the Court for lack of instructions . He states that despite his repeated attempts, he could not establish contact with his client. In the premise, no useful purpose would be served by issuing fresh notice as the same too would be an exercise in futility.

4.

It seems that by sheer effluxion of time and pendency of the appeal for more than 30 years before this Court, either parties have compromised the matter or lost interest in pursuing the same. 5.

Be that as it may, instant second appeal is dismissed in default. However, the appellants are at liberty to file an appropriate application, in case any cause of action still survives. SHALINI BHATIA 2023.03.03 17:56 I attest to the accuracy and integrity of this document

6.

Pending application(s), if any, shall also stand disposed of. FEBRUARY 22, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2023.03.03 17:56 I attest to the accuracy and integrity of this document