(O&M) Joginder Singh v. Gurdev Singh And ORS.

2023:PHHC:138185

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA-431-1989 (O&M) Date of decision: 30.10.2023 Joginder Singh ....Appellant

Versus

Gurdev Singh and Ors.

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present:- Mr. Harsh Vasu Gupta, Advocate for the appellant Mr. Joginder Sharma, Advocate for Mr. S.S. Brar, Advocate for respondent No.2 ***** AMAN CHAUDHARY. J.

1.

The present regular second appeal has been filed against the judgment dated 06.02.1989 passed by learned Additional District Judge, Faridkot whereby the appeal filed against the judgment and decree dated 06.09.1986 is allowed.

2.

This Court on 25.09.2023 had passed the following order: "As per the office report, notice sent to the appellant not received back. Mr. Harsh Vasu Gupta, Advocate made statement that he received telephone call from brother of the appellant but till date he is having no instruction to appear in the present appeal on behalf of the appellant. Fresh notice to the appellant, who is residing in Rajasthan be issued for 30.10.2023."

3.

As per office report, notice issued to sole appellant received back with the report that no person of this name is residing at the given address. 4.

Learned counsel appearing for the appellant reiterates that he has received no instructions despite the telephonic conversation he had with the Shavinder Maan, brother of the appellant.

5.

It appears that the appellant is not interested in pursuing the present MOHIT 2023.11.02 09:54 I attest to the accuracy and authenticity of this order/judgment

RSA-431-1989 -2appeal.

6.

Dismissed for non-prosecution.

7.

Registry is directed to send a copy of this order to the appellant. 8.

A period of three months is granted for seeking recalling of this order.

(AMAN CHAUDHARY) JUDGE October 30, 2023 M.Kamra Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No MOHIT 2023.11.02 09:54 I attest to the accuracy and authenticity of this order/judgment