Jaswinder Singh Etc. v. Om Parkash

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-838-1997 (O&M) Date of decision : 30.05.2024 Jaswinder Singh and Others ... Appellant(s)

Versus

Om Parkash

...Respondent(s)

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

None.

ALKA SARIN, J. (ORAL) 1.

On 18.03.2024 the following order was passed : "The present appeal pertains to the year 1997. Vide order dated 11.12.2023 notices were issued to the parties. As per the Office report, appellant No.1 stands duly served. Appellants No.2 to 4 are stated to have died. Appellant No.5 could not be served as he was not met at the time of the service and had gone to the hospital. The Sole respondent is also stated to have been died. No one has appeared on behalf of appellant No.1 and legal heirs of appellants No.2 to 4.

In view thereof, let fresh notice be issued to appellant No.5 as also to the legal heirs of appellant No.6, as impleaded vide order dated 04.12.1999, returnable 30.05.2024."

2.

As per the service report, appellant Nos.5, 6(i) and 6(v) stand duly served, however, none has put in appearance on their behalf despite Ankur Goyal 2024.05.31 10:22 I attest to the accuracy and integrity of this document

RSA-838-1997 (O&M) --2-- service. Appellant Nos.6(ii), 6(iii) and 6(iv) are stated to have died. No one has come forward to get themselves impleaded as legal representatives of the appellant Nos.6(ii), 6(iii) and 6(iv).

3.

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.

30.05.2024 (ALKA SARIN) Ankur JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Ankur Goyal 2024.05.31 10:22 I attest to the accuracy and integrity of this document