Jagir Kaur v. Yashpal Etc.

2024:PHHC:048369

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA-2417-1992 Date of Decision : April 09, 2024 JAGIR KAUR AND ANR.

-APPELLANTS V/S YASHPAL AND ORS.

-RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Ms. Harveen Kaur, Advocate for Mr. K.S. Cheema, Advocate for the appellants.

None for the respondents.

*** KULDEEP TIWARI, J. (ORAL) 1.

The present regular second appeal was filed in the year 1992, through Mr. K.S. Cheema, Advocate. Today, it is informed to this Court by Ms. Harveen Kaur, Advocate, who is representing the appellants, that Mr. K.S. Cheema, Advocate, has left the practice and she also does not have any instructions from the appellants.

2.

As per report of the Registry, the demise of the appellant No.1 has occurred, whereas, appellant No.2 remains unserved for want of correct address.

3.

The record reveals that the genesis of the present appeal is embodied in a suit for joint possession, which was filed way back in the year 1988. It appears that either the cause of action does not survive any longer, or, the appellants are not interested to pursue the present appeal. In such circumstances, this Court is constrained to dismiss the present appeal for want of prosecution.

DEVINDER YADAV 2024.04.10 16:15 I attest to the accuracy and authenticity of this order/judgment

RSA-2417-1992 2024:PHHC:048369 4.

Consequently, the instant appeal is dismissed for want of prosecution, however, liberty is reserved to the appellants/their LRs to, in case the cause of action still survives, move an appropriate application for restoration of the present appeal.

5.

Pending application(s), if any, stand disposed of accordingly. (KULDEEP TIWARI) April 09, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.04.10 16:15 I attest to the accuracy and authenticity of this order/judgment