Des Raj v. Union Of India

2023:PHHC:076982

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA NO. 1879 OF 1995 (O&M) DATE OF DECISION : 24.05.2023 Des Raj and others ...Appellants

Versus

Union of India and others

...Respondents

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

Mr. Bhag Singh, Advocate, for the appellant.

Mr. Rajat Sharma, Advocate for Mr. S. K. Sharma, Senior Panel Counsel For respondent-Union of India.

ARUN MONGA, J. (ORAL) Matter was taken up for hearing on 29.03.2023, when being an old matter, Registry was asked to issue notice to parties. Needful has been done.

Learned counsel for appellants though appears but states that despite various attempts he could not establish contact with appellants on the other hand, office report reveals that appellants No.1 and 2 have died while notice sent to respondents No.5 and 6 have been received back with the report that they are not residing at the given address. Since neither legal heirs of deceased appellants No.1 and 2 have come forward to get themselves impleaded nor appellants No.5 and 6 have contacted their counsel. Issuance of fresh notice to respondents No.5 and 6 would be an exercise in futility as their fresh and current addresses are not known. It seems that by sheer effluxion of time and pendency of appeal for the last more than 28 years, they have lost interest in pursuing the appeal.

SHALINI BHATIA 2023.05.26 16:25 I attest to the accuracy and integrity of this order/ judgment

RSA-1879-1995 -2In the premise, instant appeal is dismissed for nonprosecution. Pending applications, if any, shall also stand disposed of accordingly.

MAY 24, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2023.05.26 16:25 I attest to the accuracy and integrity of this order/ judgment