Surat Singh v. Sakatar Singh Etc.

2023:PHHC:053090

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA No. 2439 of 1996 (O&M) DATE OF DECISION : 11.04.2023 Surat Singh ...Appellant

Versus

Kartar Singh (deceased) through LRs and others

...Respondents

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

Mr. R. S. Bainsa, Advocate, for the appellant.

Mr. B. R. Mahajan, Senior Advocate with Mr. Ashish Gupta, Advocate and Mr. Prateek Mahajan, Advocate and Ms. Nikita Goel, Advocate, For respondent No.1.

ARUN MONGA, J. (ORAL) Learned senior counsel appearing on behalf of respondent No.1, under instructions, states that per his information appellant died ten years ago and no steps have been taken to implead his legal heirs. Learned counsel appearing on behalf of appellant submits that his attempts to contact the legal heirs of appellant have been futile and he pleads lack of instructions.

Since legal heirs of appellant have not taken any steps to get themselves impleaded, it appears that they are not interested to pursue the appeal filed by their predecessor-in-interest. In the premise, instant appeal is dismissed for nonprosecution with liberty to file application in case legal heirs wish to do so at a later stage.

Pending applications, if any, shall also stand disposed of. APRIL 11, 2023 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No
SHALINI BHATIA 2023.04.19 12:35 I attest to the accuracy and integrity of this order/ judgment