Subhash Chand v. Sadhu Ram

AT CHANDIGARH **** RSA-1265-1998 (O&M) Date of Decision.:19.11.2024 Subhash Chand Appellant Vs.

Sadhu Ram (Since deceased) through his LRs and Others Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:

None for the appellant.

Mr. Ankit Saini, Advocate for the respondents. **** DEEPAK GUPTA, J. (ORAL) On 05.03.2024, following order was passed:

"Learned counsel for the appellant submits that a(er eleva)on of the learned counsel, who had earlier represented the appellant, to the Bench, the par)es are not in their contact and furthermore, the ma+er has been taken up a(er a long gap. A request has been made to send the no)ce to the appellant. In view thereof, let no)ce be given to the appellant for 09.05.2024." In compliance of the above order, no)ce to the sole appellant was sent, which has been received with the report that he is not residing at the given address. No other address of the appellant is available. Learned counsel for the appellant has not turned up.

Apart from above, perusal of the paper-book would reveal that though ini)ally the suit filed by the appellant- plain)ff for specific performance was decreed by the trial Court on 21.03.1995 but the appeal filed by the defendants- respondents was accepted by the first Appellate Court on 15.04.1998 and the relief for specific performance was declined. NEETIKA TUTEJA 2024.11.19 17:00 I am approving this document

RSA-1265-1998 (O&M) There is no stay order opera)ng in this RSA.

In these circumstances, when learned counsel for the appellant is not appearing and no other address of the appellant is available with the Registry so as to serve him, the present appeal is disposed of with liberty to get it revived.

Copy of this order be sent at the available address of the appellant. ( DEEPAK GUPTA ) JUDGE November 19, 2024 Nee)ka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2024.11.19 17:00 I am approving this document