NAURATA RAM Vs. SARWAN

JUDGEMENT

(1.) PURSUANT to the order dated 11.8.2011, notices were issued to the parties and vide office report dated 16.9.2011, it was reported that appellant, as well as respondent were stated to have died during the pendency of the appeal. The case was adjourned to 29.10.2011, vide order dated 16.9.2011, for awaiting the filing of an application for bringing on record the legal representatives of the parties.

(2.) THEREAFTER , the case was taken up for hearing on 31.10.2011, but no appeared on behalf of either of the parties. However, vide order dated 31.10.2011, office was directed to inform the learned counsel for both the parties and the case was adjourned for 18.11.2011. Sh.Jagjit Singh Lalli, Advocate appeared on behalf of the RSA appellant/legal representatives of the appellant on 18.11.2011. However, nobody was present on behalf of the respondent, despite the fact that as per the office report dated 17.11.2011, learned counsel for the respondent had been served. On the request of Mr. Lalli, learned counsel for the appellant, the case was adjourned for today, so as to enable him to file an appropriate application for bringing on record the legal representatives of the appellant.

(3.) IN view of the above, it appears that the legal representatives of the appellant are not interested to pursue this appeal any further. Thus, the appeal is dismissed for non prosecution, under Order 41 Rule 17(1) of the Code of Civil Procedure and also in view of the judgement of the Hon'ble Supreme Court in the case of Secretary, Department of Horticulture, Chandigarh and Anr. Vs. Raghu Raj,, AIR 2009 S.C. 514.