Des Raj v. Bakshish Singh And Others

2024:PHHC:002615 In the High Court of Punjab and Haryana, at Chandigarh Second Appeal Order No. 104 of 2018 (O&M) Date of Decision: 10.01.2024 Des Raj ... Appellant(s)

Versus

Bakshish Singh and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Rai Singh Chauhan and Ms. Deepika Chauhan, Advocates for the appellant(s).

Mr. N.S.Gill and Mr. Munish Gupta, Advocates for the respondent No.1 to 3.

Anil Kshetarpal, J.

1.

On 04.01.2024, this Court has passed the following order:- "While entering appearance on behalf of the contesting respondent No.1 to 3, the learned counsel informs the Bench that the suit filed by the appellant was dismissed for nonprosecution on 28.01.2019, but, as per his information, no application for restoration has been filed.

The learned counsel representing the appellant prays for some time to get the complete instructions.

List on 10.01.2024, in the urgent list."

2.

The learned counsel representing the appellant admits that the suit filed by the appellant was dismissed for non-prosecution on 28.01.2019, and till today, no application has been filed to challenge the correctness of DEEPAK KUMAR BHARDWAJ 2024.01.12 01:50 I attest to the accuracy and integrity of this document the order passed by the First Appellate Court while remitting the case back

2024:PHHC:002615 Second Appeal Order No. 104 of 2018 (O&M) to the trial court for the decision afresh.

3.

Once, the suit itself has been dismissed for non-prosecution, then there is no occasion to keep the present appeal pending. Hence, at this stage, this appeal is dismissed.

4.

The miscellaneous application(s) pending, if any, shall stand disposed of.

(Anil Kshetarpal) Judge January 10, 2024 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2024.01.12 01:50 I attest to the accuracy and integrity of this document