Kartar Singh And ORS v. Billo And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH RSA-2569-1995 (O&M) Date of decision : 23.05.2024 Kartar Singh and Others ... Appellant(s)
Versus
Billo and Others
...Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
None for the appellants.
Mr. Chirag Girdhar, Advocate for Mr. R.K. Girdhar, Advocate for respondent Nos.1 to 4. Service of respondent No.6 already dispensed with vide order dated 30.09.1998.
ALKA SARIN, J. (ORAL) 1.
Vide order dated 03.05.2024 notices were issued to the appellants. As per the office report, appellant Nos.1, 2, 4 and 6 are stated to have died. Appellant No.3 stands duly served. Appellant Nos.5 and 7 remain unserved with the report that they are not residing at the given address. No one has come forward to get themselves impleaded as legal representatives of appellant Nos.1, 2, 4 and 6. None has put in appearance on behalf of appellant No.3 despite service. There is no other address available with the Court for effecting service of appellant Nos.5 and 7 except the one mentioned in the memo of parties and in the judgments and decrees passed by the Trial Court and the First Appellate Court. Respondent No.5 remains unserved with the report that he is not residing at the given address. 2.
In view thereof, this Court is left with no other option but to dismiss the present appeal for non-prosecution. Ankur Goyal 2024.05.24 10:30 I attest to the accuracy and integrity of this document
RSA-2569-1995 (O&M) -2-- 3.
Dismissed for non-prosecution with liberty to revive in case anything survives in the matter. Pending applications, if any, also stand disposed off.
23.05.2024 (ALKA SARIN) Ankur JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Ankur Goyal 2024.05.24 10:30 I attest to the accuracy and integrity of this document