IN THE HIGH COURT OF PUNJAB AND HARYANA 212 Mohinder Singh and another Wasaan Singh and others CORAM: Present:- NIDHI GUPTA J. (Oral) against the judgment and decree dated 09.12.1997 passed by the Additional District Judge, Gurdaspur, whereby the judgment and decree dated 03.10.1994 passed by the l Sub Judge 1 has been set aside. passed by this Court : RSA-621-1998 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.621 of 1998 Date of decision :-23.07.2025 Mohinder Singh and another Versus Wasaan Singh and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kanwaljit Singh, Sr. Advocate with Ms. Aanchal Kathuria, Advocate for the appellants. None for respondents No.1 to 7 and 11. Respondents No.2, 8, 9 and 10 already reported to have died. NIDHI GUPTA J. (Oral) The appellants have preferred the present second appeal against the judgment and decree dated 09.12.1997 passed by the Additional District Judge, Gurdaspur, whereby the judgment and e dated 03.10.1994 passed by the l Sub Judge 1 has been set aside. On the last date i.e. 21.1.2025, the following order was passed by this Court :- “Learned Senior Counsel appearing for the appellant submits that since this matter pertains to the year 1998, therefore, he is unable to establish contact with his client and prays that fresh notice be issued to the appellant as well as to 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.621 of 1998 (O & M) .2025 …..Appellants …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Kanwaljit Singh, Sr. Advocate with Ms. Aanchal Kathuria, Advocate None for respondents No.1 to 7 and 11. 8, 9 and 10 already reported to have The appellants have preferred the present second appeal against the judgment and decree dated 09.12.1997 passed by the Additional District Judge, Gurdaspur, whereby the judgment and e dated 03.10.1994 passed by the l Sub Judge 1st Class, Batala, On the last date i.e. 21.1.2025, the following order was Learned Senior Counsel appearing for the appellant submits that since this matter pertains to the year 1998, therefore, he is unable to establish contact with his client and prays that fresh notice be issued to the appellant as well as to VIJAY ASIJA 2025.07.24 17.18 I attest to the accuracy and integrity of this document respondents No.1 and 3 have died. Respondent No.2 could not be served because he was represented through respondent No.3; Respondents No.4 to 6 have been served, however, there is no representation on their behalf and servi 11 has been dispensed with vide order dated 21.1.2025. submits that the present petition may be disposed of with liberty to the LRs of the deceased appellants to revive th reasonable time, if so advised. LRs of the deceased appellants and deceased respondents No.1 and 3 as well as notices to respondents No.2 and 4 to 6 exercise. It appears that due to sheer long pendency of the present appeal before this Court for a period of more than parties have been made by a new counsel. the instant appeal is RSA-621-1998 (O & M) respondents No. 1 to 6 only at this stage and service upon remaining respondents i.e. respondents No. 7 to 11 may be dispensed with. Ordered accordingly. Let fresh notices to the appellant and respondents No. 1 to 6 be issued for 23.07.2025. As per the office report, appellants No.1 and 2 as well as respondents No.1 and 3 have died. Respondent No.2 could not be served because he was represented through respondent No.3; Respondents No.4 to 6 have been served, however, there is no representation on their behalf and service upon respondents No.7 to 11 has been dispensed with vide order dated 21.1.2025. Accordingly, learned Senior Counsel for the appellants submits that the present petition may be disposed of with liberty to the LRs of the deceased appellants to revive th reasonable time, if so advised. In the aforesaid premise, issuance of fresh notice LRs of the deceased appellants and deceased respondents No.1 and 3 as well as notices to respondents No.2 and 4 to 6 exercise. It appears that due to sheer long pendency of the present ppeal before this Court for a period of more than parties have lost interest in pursuing the same, as no attempt has been made by them or their LRs to contact a new counsel. Be that as it may, in view of the foregoing circumstances, the instant appeal is disposed of, with liberty to the 2 to 6 only at this stage and service upon remaining respondents i.e. respondents No. 7 to 11 may be dispensed with. Ordered accordingly. Let fresh notices to the appellant and respondents No. 1 to 6 be issued for 23.07.2025.” pellants No.1 and 2 as well as respondents No.1 and 3 have died. Respondent No.2 could not be served because he was represented through respondent No.3; Respondents No.4 to 6 have been served, however, there is no ce upon respondents No.7 to 11 has been dispensed with vide order dated 21.1.2025. Accordingly, learned Senior Counsel for the appellants submits that the present petition may be disposed of with liberty to the LRs of the deceased appellants to revive the present appeal within In the aforesaid premise, issuance of fresh notices to the LRs of the deceased appellants and deceased respondents No.1 and 3 as well as notices to respondents No.2 and 4 to 6 would be a futile exercise. It appears that due to sheer long pendency of the present ppeal before this Court for a period of more than 27 years, the lost interest in pursuing the same, as no attempt has tact their counsel or to engage Be that as it may, in view of the foregoing circumstances, , with liberty to the parties, to move VIJAY ASIJA 2025.07.24 17.18 I attest to the accuracy and integrity of this document an appropriate application within a period of 0 for reviving the same, if so, advised. July 23, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No RSA-621-1998 (O & M) an appropriate application within a period of 0 ing the same, if so, advised. Pending application(s), if any, shall stands disposed of. , 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 an appropriate application within a period of 02 months from today Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.07.24 17.18 I attest to the accuracy and integrity of this document