Second appeal by plaintiff against concurrent dismissal of suit for possession and declaration of disputed property. Sole appellant died; no legal representatives brought on record and none appeared. Appeal dismissed in default for want of prosecution.
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AT CHANDIGARH
214
RSA-1199-2010 (O&M) Date of Decision: 24.09.2024
SWARAN KANTA …..Appellant
Vs.
ANANDPUR TRUST AND ANR. …..Respondents
CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA
Present: None for the appellant.
Mr. R.K. Gautam, Advocate for respondent Nos. 1, 2, 3(i)(b) & 3(ii).
Mr. Ashutosh Hoshiarpuri, Advocate for respondents No.4 and 5.
DEEPAK GUPTA, J. (ORAL)
On the last date of hearing, it was pointed out by learned counsel for the appellant that the sole appellant has expired. However, as the power of a-orney of Sh. Sudhir Pruthi, Advocate was available on behalf of the deceasedappellant, he sought 0me to address the arguments.
Today, neither anybody has put in appearance on behalf of the appellant nor any applica0on has been moved 0ll date to bring on record the LRs of the deceased-appellant. It is also no0ced by this Court that the suit for possession and declara0on of the property in dispute, filed by the plain0ff/appellant, was dismissed by the trial Court; the appeal filed by the plain0ff/appellant was also dismissed by the First Appellate Court and thus, the plain0ff had assailed the concurrent findings of the Courts below, before this Court.
No0cing all the aforesaid circumstances, and the fact that the appellant is no longer interested in pursuing this appeal, the same is hereby dismissed in default for want of prosecu0on.
| ( DEEPAK GUPTA ) | |||
|---|---|---|---|
| 24.09.2024 | JUDGE | ||
| pry | |||
| Whether speaking/reasoned | : | Yes | |
| Whether reportable | : | No |
PRIYANKA 2024.09.25 11:28 I attest to the accuracy and integrity of this document
Swaran Kanta
Anandpur Trust
Anandpur Trust and Anr.
Deepak Gupta
As recorded by the court registry
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