Dalip Singh v. Kishan And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RSA-9638-2018 (O&M) Decided on : 07.12.2023 Dalip Singh . . . Appellant(s)

Versus

Kishan and another . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT:

Mr. Johan Kumar, Advocate, for the appellant(s). **** SANJAY VASHISTH, J. (Oral) 1.

On 09.10.2023, following order was in the present appeal:- "Present:

None for the appellant.

**** Present regular second appeal has been filed by the appellant/defendant against the concurrent findings of decreetal of civil suit.

Plaintiffs/respondents filed a civil suit for seeking decree of partition with consequential relief of permanent Injunction. Vide judgment and decree dated 23.12.2015, learned trial Court decreed the suit of the plaintiffs/respondents. The said decree has been affirmed by learned First Appellate Court. Hence, the defendant has preferred the present regular second appeal against the findings of concurrence.

After filing of the present appeal in the year 2018, it came up for hearing on 25.02.2020, but on that day none appeared on behalf of the appellant. Thereafter, the present appeal never reached for its hearing.

Today there is no representation on behalf of the appellant.

In the interest of justice, adjourned to 07.12.2023. Registry is directed to inform the counsel for the appellant about the date of hearing fixed before this Court." 2.

Mr. Johan Kumar, Advocate, who filed the present appeal, appears and submits that presently, brief of the appeal is not with him, as the same has been returned to Mr. Mukesh Tomar, Advocate, of District Bar Association, Faridabad.

3.

Dismissed for non-prosecution.

(SANJAY VASHISTH) JUDGE December 07, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.12.07 19:48 I attest to the accuracy and integrity of this document