(O&M) Malkiat Kaur Etc. v. Manjit Singh

2024:PHHC:046484

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-2076-1999 (O&M) Date of Decision: 05.04.2024 MALKIAT KAUR AND ORS.

.... Appellants

VERSUS

MANJIT SINGH .... Respondent CORAM: HON'BLE MRS. JUSTICE ALKA SARIN Present :

None for the appellants.

ALKA SARIN, J. (ORAL) 1.

The present appeal pertains to the year 1999. None has put in appearance on behalf of the appellants despite the Registry informing them. Simultaneously fresh notices to the parties had also been issued by the Registry.

2.

As per the Office report, appellant No.1 has since died. Appellant No.2 refused to accept the notice and accordingly affixation was made. Notice issued to appellant No.3 has been received back unserved with report that the said appellant is out of country. Notice issued to appellant No.4 has been received with report that the said appellant is not residing at the given address. Notice issued to the sole respondent has been received back with report that he is serving his sentence in jail and hence remains unserved due to incomplete address. There is no other address available with the Court for effecting service of the appellants except the one mentioned in the memo of parties and in the judgments and decrees passed by the Courts below and is the same on which the notices were sent. AMAN JAIN 2024.04.07 20:54 I attest to the accuracy and integrity of this judgment/order.

2024:PHHC:046484 RSA-2076-1999 (O&M) -23.

In view thereof, this Court is left with no other option but to dismiss the present regular second appeal for non-prosecution. 4.

Dismissed for non-prosecution with liberty to revive in case anything survives. Pending applications, if any, also stand disposed off. 05.04.2024 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2024.04.07 20:54 I attest to the accuracy and integrity of this judgment/order.