(O&M) Balkar Singh And Others v. Gurdial Singh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-643-1996 (O&M) Date of decision : 20.05.2025 Balkar Singh and others ... Appellant(s)

Versus

Gurdial Singh and others

...Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. R.S. Chahal, Advocate for Mr. G.S. Nagra, Advocate for the appellants.

ALKA SARIN, J. (ORAL) 1.

On 08.04.2024 the following order was passed : "Learned counsel appearing for respondent No.2 states that he has no instructions in the matter.

As per the office report, respondents No.1, 2, 3, 5, 6, 7, 20, 21 and 22 have since expired. Respondent Nos.8 to 17, 19 and 24 were not found residing at the given address. Respondent No.4 remains unserved as she is stated to have married and residing with her in-laws.

Respondent No.18 stands served through affixation. No one has put in appearance on behalf of respondent Nos.18, 23, 25 to 28 despite service. Accordingly, they are proceeded against ex parte.

Let fresh/correct address of respondent Nos.4, 8 to 17, 19 and 24 be furnished within a period of two weeks from today and on doing so, fresh notice be issued to them returnable 23.07.2024.

Meanwhile, steps be taken to implead the legal representatives of respondents No.1, 2, 3, 5, 6, 7, 20, 21 and 22."

Ankur Goyal 2025.05.21 08:46 I attest to the accuracy and integrity of this document

RSA-643-1996 (O&M) --2-- 2.

On 23.07.2024 learned counsel for the appellants again sought an adjournment to comply with the aforesaid order and the matter was adjourned to 23.10.2024 and on 23.10.2024 the following order was passed : "There has been no compliance of the order dated 08.04.2024 passed by this Court.

Today a written request for an adjournment is circulated on behalf of the arguing counsel for the appellants on the ground that he is in personal difficulty.

Last opportunity is granted to the counsel for the appellants to comply with the order dated 08.04.2024 failing which consequences would follow.

List on 21.01.2025."

3.

On 21.01.2025 the matter was adjourned by order to 20.05.2025. Today, learned counsel for the appellants states that the appellants are not coming forward to comply with the order dated 08.04.2024. It appears that the appellants are not interested in pursuing the present appeal. In view thereof, this Court is left with no other option but to dismiss the present appeal for non-prosecution. 4.

Dismissed for non-prosecution with liberty to revive in case anything survives in the matter. Pending applications, if any, also stand disposed off.

20.05.2025 (ALKA SARIN) Ankur JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Ankur Goyal 2025.05.21 08:46 I attest to the accuracy and integrity of this document