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2025 DAILYLAW 112442 (PNJ)

SURJIT SINGH (DECEASED) THROUGH LRS v. KIROSTA YADAV

RSA/6291/2016 · 2025-10-16

Nidhi Gupta

body2025

Judgment text

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RSA-6291- IN THE HIG 227 Surjeet Sing Smt. Kirosta CORAM: H Present: - NIDHI GUP 1. in second ap Courts belo performance relief of perm decreed. 2. the present a order dated ordered to b dates of he deceased-app i.e. 09.01.20 the responde the appellan issued to the -2016 (O&M) -1- E HIGH COURT OF PUNJAB AND HA RSA Date o t Singh (deceased) through his LRs Versus irosta Yadav M: HON'BLE MS. JUSTICE NIDH None for the LRs of deceased- Mr. NK Chhokar, Advocate for I GUPTA, J. (ORAL) The defendant-appellant (since ond appeal against the concurrent jud below whereby the suit for poss mance of Agreement to Sell dated permanent injunction filed by the The matter pertains to the year esent appeal was issued by the Predece dated 06.12.2016 and simultaneously, d to be stayed. Perusal of the order-sh of hearing being 19.04.2023 and 0 appellant had gone un-represented .01.2025, when this case was listed fo spondent had informed that learned co pellant has expired. Accordingly, fre to the LRs of the appellant. ND HARYANA AT CHANDIGARH RSA-6291-2016 (O&M) Date of Decision: 16.10.2025 .… Appellant(s) .... Respondent NIDHI GUPTA -appellant. ate for the respondent. (since deceased) through his LRs is ent judgment rendered by both the possession by way of specific ated 07.06.2005 with consequential y the respondent-plaintiff has been e year 2016 and notice of motion in redecessor Bench of this Court vide ously, execution of the decree was sheets reveal that on the last 02 and 09.01.2025, the LRs of the sented. On the last date of hearing sted for hearing, learned counsel for ned counsel representing the LRs of ly, fresh notice was ordered to be the cific ntial een n in vide was t 02 the ring l for s of be RISHU KATARIA 2025.11.07 16:18 I attest to the accuracy and authenticity of this order/judgment. RSA-6291- 3. notices issue received bac given addres 4. the LRs No. appears that before this appellant ha made by the therefore, cle seriously inte 5. disposed of move an app for reviving 6. 16.10.2025 rishu -2016 (O&M) -2- Pursuant thereto, as per offi s issued to LRs No. 1 to 3 of the d ed back unserved with the report tha address. In view of the aforesaid premis s No. 1 to 3 of the deceased-appellan rs that due to sheer long pendency o this Court for a period of more th have lost interest in pursuing the them to contact their counsel or to clear that the LRs No. 1 to 3 of t interested in pursuing the present m Be that as it may, the insta ed of, with liberty to LRs No. 1 to 3 an appropriate application within a pe iving the same, if so, advised. Pending application(s), if any, s 2025 Whether speaking/reasoned Whether Reportable r office report dated 13.10.2025, f the deceased-appellant have been ort that they are not residing at the premise, issuance of fresh notices to pellant would be a futile exercise. It ency of the present second appeal ore than 09 years, the LRs of the g the same, as no attempt has been l or to engage a new counsel. It is, 3 of the deceased-appellant are not sent matter. instant regular second appeal is 1 to 3 of the deceased-appellant, to in a period of 08 weeks from today any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No , een the to e. It peal the een , l is to day RISHU KATARIA 2025.11.07 16:18 I attest to the accuracy and authenticity of this order/judgment.