Om Parkash Mathur v. Balbir Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RSA-2955-1999 (O&M) Date of Decision: 04.12.2024 OM PARKASH MATHUR AND ORS .... Appellant

VERSUS

BALBIR SINGH AND ORS .... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

None.

ALKA SARIN, J. (ORAL) 1.

The present appeal pertains to the year 1999. Vide order dated 30.04.2024 notices were issued to the parties as learned counsel appearing on their behalf had pleaded no instructions in the matter. As per the Office report, notices issued for service of appellants No.2, 13 to 20 have been received back unserved due to incomplete address(es). Appellants No.1, 3 to 12 and 21 to 25 are stated to be residing in Delhi and U.P. and hence notices issued to them have not been received back served or otherwise. Respondents No.1 and 3 stand duly served. However, none has put in appearance on their behalf despite service. Respondent No.3 is stated to have died.

2.

A perusal of the memo of parties reveals that though it has been stated that appellants No.1, 3 to 12 and 21 to 25 are the residents of New Delhi and Uttar Pradesh, however, their complete address(es) are not mentioned. Thus, without complete address(es) of the aforesaid appellants, AMAN JAIN 2024.12.05 09:26 I attest to the accuracy and integrity of this order/judgment

RSA-2955-1999 (O&M) -2service of notices upon them is not possible. 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 both the Courts concerned and is the same on which the notices were sent.

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.

04.12.2024 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2024.12.05 09:26 I attest to the accuracy and integrity of this order/judgment