RSA-3039- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 206 Tarlochan Singh and others Sumitra Devi CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) No. 4/defendant No. 2 judgment and decree dated District Judge plaintiff/respondents dated 11.11.1997 passed by the learned Civil Judge Hoshiarpur. was listed for hearing, following order was passed by this Court: -2001 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Tarlochan Singh and others Versus Devi and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Neeraj Tyagi, Advocate for Mr. Ranjit Saini, Advocate for the appellant. NIDHI GUPTA, J. (ORAL) Appellants No. 1 to 3/LRs of defendant No. 1 defendant No. 2-Sadhu Singh are judgment and decree dated 21.11.2000, passed by the learned District Judge, Hoshiarpur, vide which respondents was allowed reversing the judgment and decree 11.11.1997 passed by the learned Civil Judge Hoshiarpur. On the last date of hearing i.e. was listed for hearing, following order was passed by this Court: “The matter pertains to the year 2001 and has come up for hearing after the year 2003. As per office report, notice issued to respondents No. 1 and 2 have been received back with the report died; whereas notices issued to respondents No. 3 to 8 have back unserved for want of complete address. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-3039-2001 (O&M) Date of Decision: 08.07.2025 .… Appellants .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Neeraj Tyagi, Advocate for Mr. Ranjit Saini, Advocate for the appellant. /LRs of defendant No. 1 and appellant are in second appeal against the , passed by the learned Additional e which the appeal filed by the was allowed reversing the judgment and decree 11.11.1997 passed by the learned Civil Judge (Junior Division), i.e. 29.04.2025, when this case was listed for hearing, following order was passed by this Court:- The matter pertains to the year 2001 and has come up for hearing after the year 2003. As per office report, notice issued to respondents No. 1 and 2 have been received back with the report died; whereas notices issued to respondents No. 3 to 8 have been received back unserved for want of complete address. appellant in second appeal against the Additional was allowed reversing the judgment and decree , when this case The matter pertains to the year 2001 and has come As per office report, notice issued to respondents No. 1 and 2 have been received back with the report died; whereas been received RISHU KATARIA 2025.07.10 10:48 I attest to the accuracy and authenticity of this order/judgment. RSA-3039- service report dated 07.07.2025, reads as under: Service Report (Appellants): Appellants No. 1, 2 and 4 Appellant No. 3 Service Report (Respondents): Respondents No. 1 and 2 Respondents No. 3 to 8 instructions appellants pendency of the present second appeal -2001 (O&M) -2- Learned counsel for the appellants undertakes to do the needful within in a period of 04 weeks from today. Further, learned counsel for the appellants submits that the matter has come up for heari and due to passage of time, he has lost contact with his clients. Thus, he prays for issuance of fresh notice to the appellants, as well. In view of the above and on furnishing of correct addresses of respondents No. 3 to 8, let act hearing notices be issued to the appellants as well as respondents No. 3 to 8 for 08.07.2025. Registry shall also make an effort to effect service upon both the aforesaid parties through the SHO of the concerned area, so that effective steps can be taken to dispose of the matter. In the meanwhile, learned counsel for the appellants shall move an appropriate application for bringing on record the LRs of deceased respondents No. 1 and 2 Pursuant thereto, notices were issued to the appellant report dated 07.07.2025, reads as under: Service Report (Appellants): Appellants No. 1, 2 and 4 Died Appellant No. 3 Unserved with the report as not residing at the given address. Service Report (Respondents): Respondents No. 1 and 2 Died. No CM application has been filed by learned counsel for impleading the LRs. Respondents No. 3 to 8 Fresh notices could not be issued as Ld. Counsel did not file the correct addresses of respondents. Today again, learned counsel for the appellants pleaded instructions’ in the matter. 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 Learned counsel for the appellants undertakes to do the needful within in a period of 04 weeks from today. Further, learned counsel for the appellants submits that the matter has come up for hearing after a long period and due to passage of time, he has lost contact with his lients. Thus, he prays for issuance of fresh notice to the In view of the above and on furnishing of correct addresses of respondents No. 3 to 8, let actual date of hearing notices be issued to the appellants as well as respondents No. 3 to 8 for 08.07.2025. Registry shall also make an effort to effect service upon both the aforesaid parties through the SHO of the concerned area, so that n be taken to dispose of the matter. In the meanwhile, learned counsel for the appellants shall move an appropriate application for bringing on record the LRs of deceased respondents No. 1 and 2.” Pursuant thereto, notices were issued to the appellants and report dated 07.07.2025, reads as under:- Unserved with the report as not residing at the given address. Died. No CM application has been filed by learned counsel for impleading the LRs. Fresh notices could not be issued as Ld. Counsel did not file the correct addresses of Today again, learned counsel for the appellants pleaded ‘no In the aforesaid premise, issuance of fresh notice to would be a futile exercise. It appears that due to sheer long before this Court for a period of Learned counsel for the appellants undertakes to do Further, learned counsel for the appellants submits ng after a long period and due to passage of time, he has lost contact with his lients. Thus, he prays for issuance of fresh notice to the In view of the above and on furnishing of correct ual date of hearing notices be issued to the appellants as well as respondents No. 3 to 8 for 08.07.2025. Registry shall also make an effort to effect service upon both the aforesaid parties through the SHO of the concerned area, so that In the meanwhile, learned counsel for the appellants shall move an appropriate application for bringing on record and Unserved with the report as not residing at Died. No CM application has been filed by Fresh notices could not be issued as Ld. Counsel did not file the correct addresses of no would be a futile exercise. It appears that due to sheer long before this Court for a period of RISHU KATARIA 2025.07.10 10:48 I attest to the accuracy and authenticity of this order/judgment. RSA-3039- more than 2 as no attempt has been made by a new counsel. instant regular second appeal is or their LRs 03 months from today for reviving the sa 08.07.2025 rishu -2001 (O&M) -3- 24 years, the appellants have lost interest in pursuing the same, as no attempt has been made by them to contact a new counsel. Be that as it may, in view of the foregoing circumstances, the instant regular second appeal is disposed of or their LRs, if any, to move an appropriate application within a period of 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 lost interest in pursuing the same, to contact their counsel or to engage Be that as it may, in view of the foregoing circumstances, the disposed of, with liberty to the appellants to move an appropriate application within a period of me, if so, advised. Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No lost interest in pursuing the same, counsel or to engage Be that as it may, in view of the foregoing circumstances, the s to move an appropriate application within a period of RISHU KATARIA 2025.07.10 10:48 I attest to the accuracy and authenticity of this order/judgment.