Devi Dayal v. Punu
Case brief
What is this about?
The appeal was dismissed for non-prosecution due to lack of instructions and absence of legal representatives. Liberty was reserved to restore the appeal if desired by the appellants.
What did the court decide?
Appeal dismissed for non-prosecution; interim directions vacated; liberty reserved to restore appeal.
What the court decided
Devi Dayal v. Punu
RSA No. 78 of 2008
23.12.2022
Present None for the appellants.
Mr. Karan Sharma, Learned counsel appearing for the appellant states that despite repeated communications, legal heirs of appellant No.1 and appellants Nos. 2 and 3 are not coming forward to impart instruction as such, he not in a position to take steps for bringing on record legal representatives of appellant No.1 as well as legal heirs respondent No.2(h) and 5. Record reveals that rest of respondents stand proceeded against ex parte.
Though on 3.11.2022, Mr. Karan Sharma Advocate had filed memo of appearance on behalf of appellants No.2 and 3 but since they have also not come forward to impart instructions, he has not filed power of attorney on their behalf.
In view of above, this court has reasons to believe that the appellants are not interested in pursuing the appeal, as such the same is dismissed for non-prosecution, alongwith all pending applications. Interim directions, if any, stand vacated.
However, liberty is reserved to the appellants Nos. 2 and 3 to get the present appeal restored, if so required and desired.
(Sandeep Sharma) Judge
Parties & counsel
- appellant
Devi Dayal
- respondent
Punu
Coram
Sandeep Sharma
Case details
As recorded by the court registry
- Court
- Himachal Pradesh HC
- Decided on
- · December
- Registered
- Case no.
- RSA/78/2008
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