Sarmukh Singh v. Harnek Singh

RSA-23-1995 (O&M) -1- 2023:PHHC:148228

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-23-1995 (O&M) Date of Decision: 21.11.2023 Sarmukh Singh .... Appellant

Versus

Harnek Singh and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - None.

NIDHI GUPTA, J. (ORAL) The matter pertains to the year 1995.

Perusal of the order sheets reveal that on 20.07.2023, when this case was listed for hearing, none has put in appearance on behalf of either of the parties and the matter was adjourned to 16.08.2023. On the last date of hearing i.e. 18.10.2023, the present appeal was adjourned for today, at the request of learned proxy counsel for the appellant, on the ground that learned arguing counsel is indisposed and, therefore, unable to argue the matter.

As per office report dated 20.11.2023, notices issued to LRs of respondents No. 1(i) to 1(iv) have been received back unserved with the report that 'they are not residing at the given address'. Further, notice issued to respondent No. 2 has been received back with the report RISHU KATARIA 2023.11.22 16:59 I attest to the accuracy and authenticity of this order/judgment

RSA-23-1995 (O&M) -2- 2023:PHHC:148228 'died' and notice issued to respondent No. 3 has not been received back either served or otherwise.

Today, again none has put in appearance on behalf of the appellant, despite the fact that learned counsel for the appellant has been informed about the date fixed. Therefore, it can safely be presumed that the appellant or his counsel is no more interested in pursuing the instant regular second appeal.

Thus, this Court has been left with no other option except to dismiss the instant regular second appeal for non-prosecution. Ordered accordingly.

21.11.2023 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2023.11.22 16:59 I attest to the accuracy and authenticity of this order/judgment