RSA-1005- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 209 Resham Kaur Jit Singh and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) concurrent findings rendered by both the Court below whereby the suit declaration was listed for hearing, following order was passed by this Court: -1998 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Resham Kaur Versus Jit Singh and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA None for the appellant. Mr. Amandeep Singh, Advocate Service of respondents No. 2 to 5 dispensed with Vide order dated 31.03.1999. NIDHI GUPTA, J. (ORAL) The appellant-defendant No. 1 concurrent findings rendered by both the Court below whereby the suit declaration filed by the respondent No. 1-plaintiff was decreed. On the last date of hearing i.e. 23.01.2025, when this case was listed for hearing, following order was passed by this Court: “As per office report dated 18.01.2025, notices issued to the appellant and respondent No. 1 has been received back unserved for want of complete address. Learned counsel appearing for respondent No. 1 submits that he has written a letter to his client in the month of November, 2024, however, no response has been received, till date. Thus, he prays for issuance of fresh notice to respondent No. 1. In view of the above and in the interest of justice, let actual date of hearing notices be issued to appellant and respondent No. 1 for 21.05.2025. Registry shall also make an effort to effect service upon both the parties through the SHO of the concerned area, so that effective steps can be taken to dispose of the matter”. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1005-1998 (O&M) Date of Decision: 21.05.2025 .… Appellant .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Amandeep Singh, Advocate for respondent No. 1. Service of respondents No. 2 to 5 dispensed with No. 1 is in second appeal against the concurrent findings rendered by both the Court below whereby the suit for plaintiff was decreed. i.e. 23.01.2025, when this case was listed for hearing, following order was passed by this Court:- As per office report dated 18.01.2025, notices issued to the appellant and respondent No. 1 has been received back unserved for want of complete address. Learned counsel appearing for respondent No. 1 submits that he has written a letter to his client in the month of November, 2024, however, no response has been received, till date. Thus, he prays for issuance of fresh notice to of the above and in the interest of justice, let actual date of hearing notices be issued to appellant and respondent No. 1 for 21.05.2025. Registry shall also make an effort to effect service upon both the parties through the SHO that effective steps can be taken to for i.e. 23.01.2025, when this case As per office report dated 18.01.2025, notices issued to the appellant and respondent No. 1 has been received Learned counsel appearing for respondent No. 1 submits that he has written a letter to his client in the month of November, 2024, however, no response has been received, till date. Thus, he prays for issuance of fresh notice to of the above and in the interest of justice, let actual date of hearing notices be issued to appellant and respondent No. 1 for 21.05.2025. Registry shall also make an effort to effect service upon both the parties through the SHO that effective steps can be taken to RISHU KATARIA 2025.05.22 17:50 I attest to the accuracy and authenticity of this order/judgment. RSA-1005- appellant and respondent No. 1 have been received back report ‘not residing at the given address’. would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court for a period of more than years, the appellant has been made by counsel. instant regular second appeal is defendant No. 1 period of 0 21.05.2025 rishu -1998 (O&M) -2- As per office report dated 17.05.2025, notices issued the appellant and respondent No. 1 have been received back ‘not residing at the given address’. In the aforesaid premise, issuance of fresh notice to would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court for a period of more than appellant has lost interest in pursuing the same, has been made by the appellant to contact Be that as it may, in view of the foregoing circumstances, the instant regular second appeal is disposed of defendant No. 1, if any, to move an appropriate application within a period of 06 months from today for reviving the same, if so, advised. Pending application(s), if any, shall stands disposed of. .2025 Whether speaking/reasoned Whether Reportable As per office report dated 17.05.2025, notices issued the appellant and respondent No. 1 have been received back unserved with premise, issuance of fresh notice to appellant would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court for a period of more than 26 lost interest in pursuing the same, as no attempt to contact her counsel or to engage a new Be that as it may, in view of the foregoing circumstances, the disposed of, with liberty to the appellant- to move an appropriate application within a months from today for reviving the same, if so, advised. Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No As per office report dated 17.05.2025, notices issued the unserved with would be a futile exercise. It appears that due to sheer long pendency of as no attempt counsel or to engage a new Be that as it may, in view of the foregoing circumstances, the to move an appropriate application within a RISHU KATARIA 2025.05.22 17:50 I attest to the accuracy and authenticity of this order/judgment.