Bawi v. Mohinder Kaur

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-3170-1997 (O&M) Date of Decision : 05.11.2024 Bawi and Others ....Appellants

VERSUS

Mohinder Kaur and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

None.

ALKA SARIN, J. (Oral) IOIN-RSA-3170-1997 1.

Present IOIN was put up by the Registry for listing the main appeal for regular hearing without re-construction of the Trial Court record. Thereafter, as noticed in order dated 17.05.2024, counsel for the appellants had pleaded no instructions in the matter and none had put in appearance on behalf of respondent No.1, despite being duly served, and in view thereof notice was ordered to be issued to the appellants. 2.

Since notice was issued to the appellants in the main appeal, the present IOIN has since been rendered superfluous and the same is disposed off as such. The main appeal is taken on Board today itself. RSA-3170-1997 (O&M) 3.

Present appeal pertains to the year 1997. Appellant No.1 is the mother of appellant Nos.2 and 3, who are her minor daughter and son and have been arrayed through her. As per office report, appellant No.1 is stated JITENDER KUMAR 2024.11.06 10:59 I attest to the accuracy and authenticity of this document Chandigarh

RSA-3170-1997 -2to have died and no one has come forward to be impleaded as her legal representatives.

4.

In view of the above, this Court is left with no other option but to dismiss the present appeal for non-prosecution. 5.

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

( ALKA SARIN ) 05.11.2024 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2024.11.06 10:59 I attest to the accuracy and authenticity of this document Chandigarh