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High Court of Punjab and HaryanaRSA/2703/1989dismissed

(O&M) Kundan Singh v. Mohinder Singh

2023-03-17Mrs. Justice Alka Sarin2 pages

RSA No.2703 of 1989 2023:PHHC:040056 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2703 of 1989 Date of Decision : 17.03.2023 Kundan Singh ....Appellant

VERSUS

Mohinder Singh ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

None.

ALKA SARIN, J. (Oral) On 23.02.2023 the following order was passed : "The present case was admitted on 19.03.1990. Thereafter, none has put in appearance on behalf of the respondent. As per office report, the sole respondent has died.

On 06.01.2023 time was sought to implead the legal representatives of the sole respondent. Yet again on 17.01.2023 time was sought to comply with the order dated 06.01.2023. Today again a request for an adjournment has been made on the ground that the counsel is unable to contact the appellant.

Though in view of the order dated 17.01.2023 there is no ground to further adjourn the matter, however, in the interest of justice, one last opportunity is granted to the counsel for the appellant to implead the legal representatives of the deceased respondent. JITENDER KUMAR 2023.03.20 10:43 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

RSA No.2703 of 1989 2023:PHHC:040056 -2List on 17.03.2023.

It is made clear that in case the legal representatives of the deceased respondent are not impleaded by the adjourned dated, the present appeal shall be dismissed for non-prosecution."

Till date no efforts have been made to implead the legal representatives of the respondent.

None has put in appearance on behalf of the appellant despite the case being called twice.

In view of the above, this Court is left with no other option but to dismiss the present appeal for non-prosecution. Dismissed for non prosecution. Pending applications, if any, also stand disposed off. ( ALKA SARIN ) 17.03.2023 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2023.03.20 10:43 I attest to the accuracy and integrity of this order/judgment.

Chandigarh