Ram Singh v. Rati Ram
2023:PHHC:059073 IOIN-RSA-2044-1994 (O&M) IN/AND RSA-2044-1994
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
IOIN-RSA-2044-1994 IN/AND RSA-2044-1994 (O&M) Date of decision: April 26, 2023 Ram Singh and others ....Appellants versus Rati Ram and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present:- None for appellants.
Mr. Sunil Panwar, Advocate for respondents No.18 and 21. ***** ARUN MONGA, J. (ORAL) IOIN-RSA-2044-1994 (O&M) Office note perused. No steps have been taken to implead legal representatives of deceased respondents No.1 to 6, 8, 10, 17, 20, 24, 26, 27, 34, 36, 37, 39, 40, 42 to 44, 46 to 48, 51 to 56, 59, 61, 62, 64, 68 to 77, 81 to 86, 88 to 90, 92, 97, 101 to 115, 117, 118, 124 to 127, 129, 130 and 132 to 135 and to provide correct address(es) of the unserved respondents No.14 to 16, 41, 45, 49, 58, 67, 87, 93, 95, 96, 100, 116, 119 to123 and 128, who have been reported to be not residing at the previous address(es). There is no representation on behalf of appellants. It seems that during pendency of proceedings before this Court, not only all the appellants are stated to have expired, but unfortunately learned counsel representing them has also expired.
2.
On oral request of learned counsel for respondents No.18 and 21, main case, which stands admitted vide order dated 02.12.1994, is taken on Board for hearing today itself.
3.
Registry to do the needful.
MAHAVIR SINGH 2023.05.01 17:10 I attest to the accuracy and authenticity of this order/ judgment -1-
2023:PHHC:059073 IOIN-RSA-2044-1994 (O&M) IN/AND RSA-2044-1994 Main case (O&M) On a Court query, learned counsel representing respondents No.18 and 21 states that he is also unable to provide particulars of proposed LRs of deceased appellants. This Court had attempted to serve appellants on the given address, but none has come forth to get themselves impleaded as LRs despite service, as the office report merely reveals that appellants have died. It may have so happened that by sheer effluxion of time, appeal is rendered infructuous and that is why LRs of appellants seem to be not interested to pursue it. 2.
In the premise, there is no choice except to dismiss the appeal for nonprosecution with liberty to LRs of appellants to file appropriate application(s), in case they wish to prosecute the appeal.
3.
Dismissed in default.
4.
Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE April 26, 2023 mahavir Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No MAHAVIR SINGH 2023.05.01 17:10 I attest to the accuracy and authenticity of this order/ judgment -2-