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2025 DAILYLAW 36649 (PNJ)

GURDIAL KAUR AND ROS v. DALJIT KAUR AND ORS

RSA/2473/1998 · 2025-05-12

Nidhi Gupta

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Judgment text

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RSA-2473- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 201 Gurdial Kaur and others Daljit Kaur CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) against the judgment and decree dated Additional District Judge plaintiffs/respondents No. 1 and 2 herein judgment and decree dated Ist Class, Ropar. following order was passed: -1998 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Gurdial Kaur and others Versus Daljit Kaur and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Vijay Lath & Mr. Naveen Sharma (Moudgil), Advocates for Mr. R.N. Moudgil, Advocate for the appellants. None for the respondents. NIDHI GUPTA, J. (ORAL) Defendants No. 1 to 5/appellants herein are against the judgment and decree dated 09.12.1997, passed by the learned Additional District Judge, Rupnagar, vid plaintiffs/respondents No. 1 and 2 herein judgment and decree dated 12.09.1997, passed by the learned Ist Class, Ropar. The matter pertains to the year On 06.03.2024, when this case was listed for hearing, following order was passed:- “As per the note of the Registry, appellants, No. 1, 2 and 5 have died and appellants No. 3 and 4 are not residing at the give address. Respondents No. 1 and 2 have also died. As per office report, Mr. J.S. Toor, Advocate has been informed but on call, there is no repres IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-2473-1998 (O&M) Date of Decision: 12.05.2025 .… Appellants .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Vijay Lath & Mr. Naveen Sharma (Moudgil), Advocates or Mr. R.N. Moudgil, Advocate for the appellants. Defendants No. 1 to 5/appellants herein are in second appeal 09.12.1997, passed by the learned , vide which the appeal filed by plaintiffs/respondents No. 1 and 2 herein was allowed reversing the , passed by the learned Sub Judge The matter pertains to the year 1998. On 06.03.2024, when this case was listed for hearing, of the Registry, appellants, No. 1, 2 and 5 have died and appellants No. 3 and 4 are not residing at the give address. Respondents No. 1 and 2 have also died. As per office report, Mr. J.S. Toor, Advocate has been informed but on call, there is no representation on his behalf. in second appeal 09.12.1997, passed by the learned e which the appeal filed by was allowed reversing the Sub Judge On 06.03.2024, when this case was listed for hearing, of the Registry, appellants, No. 1, 2 and 5 have died and appellants No. 3 and 4 are not residing As per office report, Mr. J.S. Toor, Advocate has been RISHU KATARIA 2025.05.13 19:08 I attest to the accuracy and authenticity of this order/judgment. RSA-2473- issued to Mr. JS Toor, Advocate has been received back with the report ‘Brief with party’. the LRs of appellants No. 1, 2 and 5 has been filed in compliance of order dated 06.03.2024. matter pertains to the year 1998 to establish contact with and pleaded no instructions in the matter. A impleading th filed in compliance of previous order dated 06.03.2024, reproduced above. It is accordingly, prayed that the instant appeal may be for non-prosecution case, anything survives. appellants pendency of the present second appeal bef more than -1998 (O&M) -2- Learned counsel for the appellants submits that he be given time to move and appropriate application for bringing on record Lrs of appellants No. 1, 2 and 5. May do so. Adjourned to 17.05.2024. Mr. J.S.Toor, Advocate be notifie in this case. Meanwhile, photocopy of lower Court record be requisitioned on or before the next date of hearing, if not received already.” Pursuant thereto, as per office report dated 06.05.2025, issued to Mr. JS Toor, Advocate has been received back with the report ‘Brief with party’. It is further reported that no application for impleading the LRs of appellants No. 1, 2 and 5 has been filed in compliance of order 06.03.2024. Learned counsel appearing for the appellant matter pertains to the year 1998 and despite his best efforts to establish contact with the LRs of deceased pleaded no instructions in the matter. A impleading the LRs of the aforesaid deceased filed in compliance of previous order dated 06.03.2024, reproduced t is accordingly, prayed that the instant appeal may be prosecution with liberty to the appellant case, anything survives. 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 bef more than 23 years, the appellants or their LRs have Learned counsel for the appellants submits that he be given time to move and appropriate application for bringing on record Lrs of appellants No. 1, 2 and 5. Adjourned to 17.05.2024. Mr. J.S.Toor, Advocate be notified about the date fixed Meanwhile, photocopy of lower Court record be requisitioned on or before the next date of hearing, if not Pursuant thereto, as per office report dated 06.05.2025, letter issued to Mr. JS Toor, Advocate has been received back with the report It is further reported that no application for impleading the LRs of appellants No. 1, 2 and 5 has been filed in compliance of order ed counsel appearing for the appellants submits that the despite his best efforts, he is unable the LRs of deceased-appellants No. 1, 2 and 5; pleaded no instructions in the matter. As such, the application for e LRs of the aforesaid deceased-appellants could not be filed in compliance of previous order dated 06.03.2024, reproduced t is accordingly, prayed that the instant appeal may be dismissed appellants, to revive the same in In the aforesaid premise, issuance of fresh notice to the 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 s or their LRs have lost interest in Learned counsel for the appellants submits that he be given time to move and appropriate application for bringing d about the date fixed Meanwhile, photocopy of lower Court record be requisitioned on or before the next date of hearing, if not letter issued to Mr. JS Toor, Advocate has been received back with the report It is further reported that no application for impleading the LRs of appellants No. 1, 2 and 5 has been filed in compliance of order he is unable appellants No. 1, 2 and 5; appellants could not be filed in compliance of previous order dated 06.03.2024, reproduced dismissed , to revive the same in the would be a futile exercise. It appears that due to sheer long ore this Court for a period of lost interest in RISHU KATARIA 2025.05.13 19:08 I attest to the accuracy and authenticity of this order/judgment. RSA-2473- pursuing the same, as no attempt has been made by counsel or to engage a new counsel. instant regular second appeal is liberty to the appellant application within a period of 0 same, if so, advised. 12.05.2025 rishu -1998 (O&M) -3- pursuing the same, as no attempt has been made by counsel or to engage a new counsel. Be that as it may, in view of the foregoing circumstances, the instant regular second appeal is dismissed for non liberty to the appellant or their LRs, if any application within a period of 03 months from today fo same, if so, advised. Pending application(s), if any, shall stands disposed of. .2025 Whether speaking/reasoned Whether Reportable pursuing the same, as no attempt has been made by them to contact their Be that as it may, in view of the foregoing circumstances, the dismissed for non-prosecution, with or their LRs, if any, to move an appropriate months from today for reviving the Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No their Be that as it may, in view of the foregoing circumstances, the with to move an appropriate r reviving the RISHU KATARIA 2025.05.13 19:08 I attest to the accuracy and authenticity of this order/judgment.