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High Court of Punjab and Haryana · body

2011 DAILYLAW 2396 (PNJ)

RAJEEV CHOUDHARY AND ORS v. BABHU LAL MODI AND ORS

RSA/5073/2011 · 2026-01-28

Nidhi Gupta

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Judgment text

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IN T 211 Rajeev Cho Babhu Lal CORAM: Present:- NIDHI GU the concurre by the appe Courts. passed by th RSA-5073-2011 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR Regular Second Appeal No.507 Date of decision :-28.01.2026 v Choudhary and others Versus u Lal Modi and others AM:- HON'BLE MS. JUSTICE NIDH None for the appellants. Mr. Satyam Khichi, Advocate fo Mr. P.K. Ganga, Advocate for respondents No.1 to 8. I GUPTA J. (Oral) The appellants/plaintiffs have fil ncurrent findings of the learned Courts e appellants/plaintiffs for declaration, ha On the last date of hearing i.e. 01 d by this Court :- “The order sheet learned counsel for th statement before the co- No.1-Rajeev Choudhary time to move an applica Subsequently, no such ap the matter was adjourne 01.2.2017. Even on i.e.24.9.2024 counsel for time to bring on record t No.1. 1 UNJAB AND HARYANA IGARH o.5073 of 2011 (O & M) …..Appellants …..Respondents NIDHI GUPTA cate for ave filed the present appeal against ourts below whereby the suit filed has been dismissed by both the e. 01.5.2025, following order was sheets shows that on 03.3.2016 r the appellants had made a -ordinate Bench that appellant ary has passed away and sought plication for impleading his LRs. h application has been moved and urned sine die vide order dated on the last date of hearing l for the appellants sought more rd the LRs of deceased-appellant VIJAY ASIJA 2026.01.29 19.11 I attest to the accuracy and integrity of this document “Appellants issued to Sh received ba letter issued been receive appellants pendency of 15 years, th attempt has counsel. instant appe appropriate reviving the January 28 Vijay Asija Whether spe Whether Rep RSA-5073-2011 (O & M) Office report sho has been filed so far. Let in the interest appellants No.2 to 4 for 2 Registry to infor appellant(s) about the da Pursuant to the said order, th lants Nos.2 to 4 remain unserved due to Sh. Hari Om Attri, Advocate, counse d back with the report ‘Appointed as J ssued to Sh. Anurag Jain, Advocate, c ceived back with the report ‘brief retur In the aforesaid premise, issua would be a futile exercise. It app ncy of the present appeal before this Cou ars, the appellants have lost interest in pt has been made by them to approach th Be that as it may, in view of the t appeal is disposed of, with liberty to priate application within a period of ing the same, if so, advised. Copy of this order be sent to the Pending application(s), if any, sh 8, 2026 Asija er speaking/reasoned Yes / No er Reportable Yes / No 2 shows that no such application rest of justice, notice be issued to for 28.1.2026. nform learned counsel for the e date fixed.” er, the office report depicts that due to incomplete address. Letter unsel for the appellants, has been as Judge in Lower Court’, while te, counsel for the appellant has returned back to the party’. , issuance of fresh notice to the It appears that due to sheer long is Court for a period of more than rest in pursuing the same, as no oach this Court or to engage a new of the foregoing circumstances, the erty to the appellants, to move an od of 02 months from today for to the parties. any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.01.29 19.11 I attest to the accuracy and integrity of this document