Naresh Kumar vs Sunita and Others

Rakesh Kumar Jain, J.—In this appeal, notice of motion was issued as far back on 13.2.2008 thereafter, following orders have been passed: -

Present: Mr. Ashish Chopra, Advocate for the appellant.

As per office report, respondents No. 2 to 4 have refused to accept the service and have been served by affixation, whereas respondent No. 1 is not residing at the given address. Let fresh notice be issued to respondent No. 1 on furnishing of correct address, for 12.8.2008.

Sd/- (Ajay Kumar Mittal)

April 22, 2008

* * * * Present: Mr. Aashish Chopra, Advocate for the appellant.

Mr. Vishal Garg, Advocate for respondent Nos. 3 to 5.

Per office report, respondent No. 1 was not residing at the given address.

Respondent No. 2 refused to accept the notice. So, she is proceeded against ex parte.

Adjourned to 12.11.2008.

Sd/- (Nawab Singh) As Judge

12.8.2008

* * * * Present: Ms. Shaibya Sood, Advocate for the appellant.

None for respondent No. 1.

Mr. Vishal Garg, Advocate for respondents No. 3 to 5.

As per office report, notice could not be issued to respondent No. 1 due to non-filing of correct address. Learned Counsel for the appellant states that address of respondent No. 1 as given in the memo of parties is correct.

Let fresh notice be issued to respondent No. 1 at the aforesaid address for 23.1.2009.

Process be given dasti.

Sd/- (Ajay Kumar Mittal)

November 12, 2008

Seema Judge

* * * * Present: Ms. Shilpa Malhotra, Advocate for the appellant. None for the respondents.

As per office report, notice issued to respondent No. 1 has not been received back served or otherwise.

Let fresh notice be issued to her for

23.4.2009.

Sd/- (Ajay Kumar Mittal)

January 23, 2009

Seema Judge

* * * * Present: Ms. Shaibya Sood, Advocate for the appellant. None for the respondents.

Written request for an adjournment has been made on behalf of counsel for respondents No. 3 to 5 to which learned Counsel for the appellant has no objection.

Adjourned to 27.07.2009.

Sd/- (Ajay Kumar Mittal)

April 23, 2009

Seema Judge

* * * * Present: Ms. Shaibya Sood, Advocate for the appellant.

None for respondents No. 3 to 5.

As per office report, notice issued to respondent No. 1 has been received back unserved due to incorrect address.

Let fresh notice be issued to respondent No. 1 on furnishing of correct address for 23.9.2009.

Sd/- (Sabina)

27.7.2009

Paramjit Judge

* * * * Present: Present: Mr. Vikram Anand,

Advocate for Mr. Ashish Chopra, Advocate

for the appellant.

Respondent No. 1 could not be served as she is stated to be residing with her in-laws.

The learned Counsel for the appellant prays for two week''s time to furnish the present address of respondent No. 1. On compliance, notice be issued to respondent No. 1 for 1.12.2009.

Sd/- (Vinod K. Sharma) Judge

23.09.2009

* * * * Present: Ms. Shaibya Sood, Advocate for the appellant. Mr. Mohinder Nain, Advocate for respondents No. 3 to 5.

As per office report, notice could not be issued to respondent No. 1 as her correct address was not filed.

Learned Counsel for the appellant submits that she will do the needful forthwith.

Let fresh notice to respondent No. 1 be issued on furnishing of her correct address for 05.02.2010.

Sd/- 1st Dec. 2009 (Sabina)

Seema-II Judge

* * * * Present: None.

On the written request, adjourned to 29.4.2010.

Sd/- (Rakesh Kumar Jain) Judge

Vivek

February 05, 2010

Today, again a request for adjournment has been made on behalf of the appellant in order to file fresh address of respondent No. 1 for the purpose of her service. The Court cannot keep on waiting for the completion of service of the appeal indefinitely as already various opportunities have been granted in this regard. Therefore, it is presumed that the appellant is not interested in pursing the appeal and hence, the same is dismissed for non-prosecution.