Kapoor Singh v. Mohinder Singh & Others
2024:PHHC:011474 Page 1 of 2
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA-516-1995 (O&M) Date of Decision: 29.01.2024 Kapoor Singh .... Appellant
Versus
Mohinder Singh and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - None.
NIDHI GUPTA, J. (ORAL) After remaining unsuccessful before both the Courts below, defendant No. 1/appellant herein, has filed the instant Regular Second Appeal, against the judgment and decree of Ist Appellate Court dated 12.09.1994, affirming the judgment and decree of the trial Court dated 20.03.1991, whereby the 'suit for declaration', filed by the plaintiffs/respondents No. 1 and 2 herein, was decreed. There is no representation on behalf of either of the parties. Perusal the file shows that on the last date of hearing i.e. 19.10.2023, the Registry had reported that learned counsel earlier representing the sole appellant had informed on telephone that the appellant had taken back the brief from him long time back. Thus, actual SUNENA 2024.02.05 10:14 I attest to the accuracy and authenticity of this document
2024:PHHC:011474 Page 2 of 2 date of hearing notice was ordered to be issued to the sole appellant through registered post/A.D.
Pursuant thereto, as per office report, notice issued to the sole appellant has been received back with the report 'died'. In the aforesaid premise, issuance of fresh notice to LRs of the deceased sole appellant, if any, would be a futile exercise as LRs of the deceased appellant have not taken any steps to implead themselves and no attempt has been made by them to contact previous counsel or to engage a new counsel. It appears that due to sheer long pendency of the present second appeal before this Court for a period of more than 28 years, they have lost interest in pursuing the same.
Be that as it may, in view of the foregoing circumstances, the instant regular second appeal is dismissed for non-prosecution, with liberty to the LRs of deceased/appellant, to move an appropriate application within a period of 03 months from today for reviving the same, if so, advised.
Pending application(s), if any, also stand disposed of. 29.01.2024 ( NIDHI GUPTA ) Rishu/sunena JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No SUNENA 2024.02.05 10:14 I attest to the accuracy and authenticity of this document