Single judge upheld dismissal of second appeal in civil suit for permanent injunction due to absence of appellant's personal representative to prosecute the matter.
Liberty granted to the legal representatives of the sole appellant to revive the appeal.
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2023:PHHC:164413 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
217
RSA-2056-1994 (O&M) Date of decision: 21.12.2023
Baldev Singh
....Appellant
Versus
Joginder Singh and another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present : Mr. K.G. Chaudhary, Advocate and
Mr. Sushane Puri, Advocate, for the appellant.
None for the respondents.
AMAN CHAUDHARY, J.
1 . The plaintiff-appellant is in second appeal against concurrent findings of fact in a suit filed by him for permanent injunction against the defendantrespondent.
2 . Learned counsel appearing for the appellant has apprised the Court that the sole appellant has since passed away and despite the best efforts, he has not been able to obtain any instructions from his LRs to proceed in the matter. 3 . In view of the above, this Court is left with no option but to dismiss the present appeal for non-prosecution.
(AMAN CHAUDHARY) JUDGE
21.12.2023 Ankur
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Ankur Goyal 2023.12.21 17:57 I attest to the accuracy and integrity of this order/judgment
Baldev Singh
Joginder Singh
Aman Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
