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2025 DAILYLAW 36147 (PNJ)

GURBACHAN SINGH v. JASWANT SINGH

RSA/3720/2000 · 2025-05-22

Nidhi Gupta

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 205 Gurbachan Singh alias Bachan Singh and others Jaswant Singh and another CORAM: Present:- NIDHI GUPTA J. (Oral) the judgment and decree dated 10.6.2020 passed by the learned District Judge, Patiala, whereby the appeal filed by the defendants against the judgment and decree dated 17.4.1998 pas Divn.), Patiala, has been allowed. was passed by this Court : RSA-3720-2000 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.3720 of 2000 (O & M) Date of decision :-22.05.2025 Gurbachan Singh alias Bachan Singh and others Versus Jaswant Singh and another CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA None for the appellants. NIDHI GUPTA J. (Oral) The appellants/plaintiffs have filed the present appeal against the judgment and decree dated 10.6.2020 passed by the learned District Judge, Patiala, whereby the appeal filed by the defendants against the judgment and decree dated 17.4.1998 pas Divn.), Patiala, has been allowed. On the last date of hearing i.e. 06.2.2025 the following order was passed by this Court :- “The matter pertains to the year 2000. As per office report, respondent No. 2 has expired. Learned counsel appearing for the appellant submits that he is no longer in touch with his client and prays for issuance of notice to the appellant. In view of the above and in the interest of justice, let actual date of hearing notices be issued to appellant for 22.05.2025. Registry shall also make an effort to effect service upon the appellant through the 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.3720 of 2000 (O & M) Gurbachan Singh alias Bachan Singh and others …..Appellants …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA The appellants/plaintiffs have filed the present appeal against the judgment and decree dated 10.6.2020 passed by the learned Additional District Judge, Patiala, whereby the appeal filed by the defendants against the judgment and decree dated 17.4.1998 passed by learned Civil Judge (Jr. On the last date of hearing i.e. 06.2.2025 the following order “The matter pertains to the year 2000. As per office report, respondent No. 2 has earned counsel appearing for the appellant submits that he is no longer in touch with his client and prays for issuance of notice to the appellant. In view of the above and in the interest of justice, let actual date of hearing notices be issued to ant for 22.05.2025. Registry shall also make an effort to effect service upon the appellant through the VIJAY ASIJA 2025.05.23 16.46 I attest to the accuracy and integrity of this document received :- Respondent No.1 Respondent No.2 Respondent No.3 Appellant No.1 Appellants No.2 to 5 appellants would be a futile exercise. It appears that due to sheer long pendency of the present appeal before this Court for a period of more than 24 years, the appellants have lost interest attempt has been made by them engage a new counsel. instant appeal is dismissed for non appellants, to move an appropriate application within a period of 06 months from today for reviving the same, if so, advised. May 22, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No RSA-3720-2000 (O & M) SHO of the concerned area, so that effective steps can be taken to dispose of the matter. By the next date of hearing, learned counsel for the appellant shall also file an appropriate application for impleading the LRs of deceased 2.” Pursuant to the above order, following office report has been - Respondent No.1 :- Represented by counsel Sh. Jagdev Singh Respondent No.2 :- Died, vide order dated 22.11.2022 of Lok Adalat Bench, No application has been filed by counsel for impleading of LRs Respondent No.3 :- Unserved due to incomplete details Appellant No.1 :- Unserved due to incomplete details Appellants No.2 to :- Died In the aforesaid premise, issuance of fresh notice to the appellants would be a futile exercise. It appears that due to sheer long pendency of the present appeal before this Court for a period of more than 24 years, the appellants have lost interest attempt has been made by them or their LRs engage a new counsel. Be that as it may, in view of the foregoing circumstances, the instant appeal is dismissed for non-prosecution, with liberty to appellants, 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 Vijay Asija speaking/reasoned Yes / No Whether Reportable Yes / No 2 SHO of the concerned area, so that effective steps can be taken to dispose of the matter. By the next date of hearing, learned counsel for t shall also file an appropriate application for impleading the LRs of deceased-respondent No. Pursuant to the above order, following office report has been Represented by counsel Sh. Jagdev Singh Died, vide order dated 22.11.2022 of Lok Adalat Bench, No application has been filed by counsel for impleading of LRs Unserved due to incomplete details Unserved due to incomplete details In the aforesaid premise, issuance of fresh notice to the appellants would be a futile exercise. It appears that due to sheer long pendency of the present appeal before this Court for a period of more than 24 years, the appellants have lost interest in pursuing the same, as no or their LRs to contact their counsel or to Be that as it may, in view of the foregoing circumstances, the prosecution, with liberty to the appellants, 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. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.05.23 16.46 I attest to the accuracy and integrity of this document