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2025 DAILYLAW 41360 (PNJ)

(O&M) CHHAJA SINGH AND OTHERS v. GULJINDER SINGH AND OTHERS

RSA/1680/2001 · 2025-08-07

Nidhi Gupta

body2025

Judgment text

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RSA-1680- XOBJS-14 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218 Chajja Singh and others Guljinder Singh and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. concurrent judgments and decrees rendered by both the Courts below whereby the suit for declaration filed by plaintiff was partly decreed. 2. hearing 08.04.2025 RSA-1919- was passed: -2001 (O&M) with 14-C-2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA XOBJS Date of Decision: Chajja Singh and others Versus Guljinder Singh and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Ms. Somya Goyal, Advocate for Mr. Sumeet Jain, Advocate for the appellants. None for the respondents. NIDHI GUPTA, J. (ORAL) Appellant-defendants are in second appeal against the concurrent judgments and decrees rendered by both the Courts below whereby the suit for declaration filed by plaintiff was partly decreed. The matter pertains to the year 200 08.04.2025, when this case along with connected appeal bearing -2004, was listed before this Court, following was passed:- “Fresh Vakalatnama filed on behalf of respondent No. 1 (in RSA-1919-2004) is the same at the appropriate place in the respective file. Learned counsel appearing for the appellant(s) submits that the learned counsel earlier representing the appellant(s) has been elevated to the Bench of this Court. As such, it is prayed that fresh notices be issued to the appellant(s) (in both cases). In view of the above and in the interest of justice, let actual date of hearing notices be issued to the appellant(s) (in both cases) for 07.08.2025. Registry shall also effort to effect service upon the appellant(s) through the SHO IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1680-2001 (O&M) with XOBJS-14-C-2001 Date of Decision: 07.08.2025 .… Appellants .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Ms. Somya Goyal, Advocate for Mr. Sumeet Jain, Advocate for the appellants. defendants are in second appeal against the concurrent judgments and decrees rendered by both the Courts below whereby the suit for declaration filed by plaintiff-respondents No. 1 and 2 The matter pertains to the year 2001 and on the last date of along with connected appeal bearing was listed before this Court, following common order Fresh Vakalatnama filed on behalf of respondent taken on record. Office to tag the same at the appropriate place in the respective file. Learned counsel appearing for the appellant(s) submits that the learned counsel earlier representing the appellant(s) has been elevated to the Bench of this Court. As such, it is prayed that fresh notices be issued to the In view of the above and in the interest of justice, let actual date of hearing notices be issued to the appellant(s) (in both cases) for 07.08.2025. Registry shall also make an effort to effect service upon the appellant(s) through the SHO defendants are in second appeal against the concurrent judgments and decrees rendered by both the Courts below respondents No. 1 and 2 on the last date of along with connected appeal bearing order Fresh Vakalatnama filed on behalf of respondent taken on record. Office to tag Learned counsel appearing for the appellant(s) submits that the learned counsel earlier representing the such, it is prayed that fresh notices be issued to the In view of the above and in the interest of justice, let actual date of hearing notices be issued to the appellant(s) make an effort to effect service upon the appellant(s) through the SHO RISHU KATARIA 2025.08.08 18:02 I attest to the accuracy and authenticity of this order/judgment. RSA-1680- XOBJS-14 3. to the appellant 4. pleaded ‘no instructions deceased-appellants are not coming forward to pursue the matter. Accordingly, of with liberty to the appropriate application for 5. the appellants pendency of the present second appeal before this Court for a perio more than 24 pursuing the same, as no attempt has been made by counsel or to engage a new counsel. 6. disposed of appropriate application within a period of 0 reviving the same, if so, advised. 7. 2001, shall 07.08.2025 rishu -2001 (O&M) with 14-C-2001 -2- of the concerned area, so that effective steps can be taken to dispose of the matter. A photocopy of this order be placed on the file of other connected case.” Office report dated 04.08.2025 to the appellants have been received back with the report ‘died’. Learned counsel appearing on behalf of the appellants no instructions’ in the matter. It is submitted that appellants are not coming forward to pursue the matter. Accordingly, it is prayed that the present second with liberty to the LRs of the deceased appropriate application for reviving the same, in case anything survives. In view of the aforesaid premise, appellants would be a futile exercise. It appears that due to sheer long pendency of the present second appeal before this Court for a perio 24 years, the appellants or their LRs, if any have pursuing the same, as no attempt has been made by counsel or to engage a new counsel. Be that as it may, the instant regular second appeal is disposed of, with liberty to the appellants or their LRs, if any, appropriate application within a period of 0 reviving the same, if so, advised. Pending application(s), if any , shall also stand disposed of. 07.08.2025 Whether speaking/reasoned Whether Reportable of the concerned area, so that effective steps can be taken to A photocopy of this order be placed on the file of other 04.08.2025, indicates that notices issued with the report ‘died’. appearing on behalf of the appellants . It is submitted that LRs of the appellants are not coming forward to pursue the matter. second appeal may be disposed LRs of the deceased-appellants, if any, to move an reviving the same, in case anything survives. In view of 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 s or their LRs, if any have lost interest in pursuing the same, as no attempt has been made by them to contact their Be that as it may, the instant regular second appeal is s or their LRs, if any, to move an appropriate application within a period of 02 months from today for if any as well as the XOBJS-14-C- ( NIDHI GUPTA ) JUDGE Yes/No Yes/No of the concerned area, so that effective steps can be taken to A photocopy of this order be placed on the file of other issued LRs of the to move an issuance of fresh notice to would be a futile exercise. It appears that due to sheer long d of lost interest in Be that as it may, the instant regular second appeal is to move an months from today for RISHU KATARIA 2025.08.08 18:02 I attest to the accuracy and authenticity of this order/judgment.