Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 44153 (PNJ)

CHHAJA SINGH AND ORS v. GALJINDER SINGH AND ANR

RSA/1919/2004 · 2025-08-07

Nidhi Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

RSA-1919- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 218-A Chajja Singh and others Galjinder Singh and CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. judgment and decree dated District Judge respondents 21.03.2002 2. hearing 08.04.2025 RSA-1680- was passed: -2004 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA Date of Decision: Chajja Singh and others Versus ljinder Singh and another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Ms. Somya Goyal, Advocate for Mr. Sumeet Jain, Advocate for the appellants. Mr. Sarabjeet Singh, Advocate for Mr. IPS Kohli, Advocate for respondent NIDHI GUPTA, J. (ORAL) The appellant-defendants are judgment and decree dated 18.11.2003, passed by the learned Additional District Judge, Rupnagar, vide which the appeal filed by plaintiff respondents was allowed reversing the judgment and decree dated 21.03.2002, passed by the learned trial Court. The matter pertains to the year 200 08.04.2025, when this case along with connected appeal bearing -2001, was listed before this Court, following was passed:- “Fresh Vakalatnama filed on behalf of respondent No. 1 (in RSA-1919-2004) is taken on record. Office to tag the same at the appropriate place in the respective file. Learned counsel appearing 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 th actual date of hearing notices be issued to the appellant(s) (in both cases) for 07.08.2025. Registry shall also make an IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-1919-2004 (O&M) 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. Mr. Sarabjeet Singh, Advocate for Mr. IPS Kohli, Advocate for respondent No. 1. are in second appeal against the , passed by the learned Additional e which the appeal filed by plaintiff- was allowed reversing the judgment and decree dated trial Court. The matter pertains to the year 2004 and on the last date of along with connected appeal bearing sted before this Court, following common order Fresh Vakalatnama filed on behalf of respondent 2004) is 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 in second appeal against the , passed by the learned Additional was allowed reversing the judgment and decree dated on the last date of along with connected appeal bearing order Fresh Vakalatnama filed on behalf of respondent 2004) is taken on record. Office to tag 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 e 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 RISHU KATARIA 2025.08.08 18:02 I attest to the accuracy and authenticity of this order/judgment. RSA-1919- 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 reviving the same, in case anything survives. 5. the appellants pendency of the present second appeal before this Court for a period of more than 24 pursuing the same, as no attempt has been ma counsel or to engage a new counsel. 6. disposed of appropriate application within a period of 0 reviving the same, if so, advised. 7. 07.08.2025 rishu -2004 (O&M) -2- effort to effect service upon the appellant(s) through the SHO of the concerned area, so that effective step 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 period of 24 years, the appellants or their LRs, if any have pursuing the same, as no attempt has been ma 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 07.08.2025 Whether speaking/reasoned Whether Reportable effort to effect service upon the appellant(s) through the SHO 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 appropriate application for 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 shall also stands disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No effort to effect service upon the appellant(s) through the SHO s 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 pendency of the present second appeal before this Court for a period 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.