Page No.# 1/5 GAHC010076182023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/106/2023 NISITH RANJAN DAS @ BAPAN AND ANR. S/O SHRI NIKHIL DAS, VILL-CHARRMTILLA, P.O.-DULLABCHERRA, P.S.- RATABARI, DIST-KARIMGANJ, ASSAM 2: AROBINDA CHAKRABORTY @ MONA CHAKRABORTY C/O M/S BHAIRAB ELECTRONICS VETERBOND ROAD DULLABCHERRA P.O.-DULLABCHERRA P.S.-RATABARI DIST-KARIMGANJ ASSAM AND R/O VILL-CHAMTILLA P.O.-DULLABCHERRA P.S.-RATABARI DIST-KARIMGANJ ASSA VERSUS SUNITA BISWAS AND 11 ORS. W/O LATE RATAN LAL BISWAS, R/O VILL-DARGARBOND (NEAR RAILWAY POND), ALSO KNOWN AS STATION ROAD, DULLABCHERRA, P.O.- DULLABCHERRA, P.S.-RATABARI, DIST-KARIMGANJ, ASSAM 2:SATYAM BISWAS S/O LATE RATAN LAL BISWAS REPRESENTED BY HIS NEXT FRIEND-MOTHER-NATURAL GUARDIAN (RESPONDENT NO. 1) R/O VILL-DARGARBOND (NEAR RAILWAY POND) ALSO KNOWN AS STATION ROAD DULLABCHERRA P.O.-DULLABCHERRA P.S.-RATABARI DIST-KARIMGANJ Page No.# 2/5 ASSAM 3:SMTI RAMDAIYA NAU D/O LATE DHANPAT NAU HOSPITAL ROAD DULLABCHERRA P.O.-DULLABCHERRA P.S.-RATABARI DIST-KARIMGANJ ASSAM 4:PAPPU BANIK S/O LATE MORAN BANIK BORO BAZAR DULLABCHERRA P.O.-DULLABCHERRA P.S.-RATABARI DIST-KARIMGANJ ASSAM 5:CHANDAN VERMA BORO BAZAR DULLABCHERRA P.O.-DULLABCHERRA P.S.-RATABARI DIST-KARIMGANJ ASSAM 6:THE STATE OF ASSAM REPRESENTED BY THE DEPUTY COMMISSIONER KARIMGANJ DISTRICT P.O. AND DIST-KARIMGANJ ASSAM 7:THE DEPUTY COMMISSIONER KARIMGANJ DISTRICT P.O. AND DIST-KARIMGANJ ASSAM. 8:THE CIRCLE OFFICER/ ASST. SETTLEMENT OFFICER RAMKRISHNA NAGAR P.O. AND P.S.-RAMKRISHNA NAGAR DIST-KARIMGANJ ASSAM 9:THE SUB-REGISTRAR RATABARI P.O. AND P.S.-RATABARI Page No.# 3/5 DIST-KARIMGANJ ASSAM 10:THE SUB-REGISTRAR RAMKRISHNA NAGAR P.O. AND P.S.-RAMKRISHNA NAGAR DIST-KARIMGANJ ASSAM 11:THE OFFICER-IN-CHARGE RATABARI POLICE STATION P.O. AND P.S.-RATABARI DIST-KARIMGANJ ASSAM 12:AMITAVA VERMA VILL-BORO BAZAR DULLABCHERRA P.S.-RATABARI DIST-KARIMGANJ ASSA Advocate for the Petitioner : MR. P K ROY, MR A CHAKRABORTY,MS. M DUTTA,MR. S K CHAKRABORTY Advocate for the Respondent : GA, ASSAM, MR. T ROY (R-1,2),MRS. B SARKAR (R-1,2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 02.04.2025 1. Heard Mr. P. K. Roy, the learned senior counsel assisted by Mr. S. K. Chakraborty, the learned counsel for the petitioners as well as Mr. T. Roy, learned counsel for the respondent Nos. 1 and 2. 2. This Civil Revision Petition (IO) has been registered on filing of an application under Article 227 of the Constitution of India by the petitioners impugning the order dated 20.01.2023, passed by the Court of learned Munsiff No. 1, Karimganj in Title Suit No. 288/2021, whereby it rejected a petition filed Page No.# 4/5 by the present petitioners (Petition No.680/2025), praying for allowing the defendant to start further construction of a residential building in the suit premises. 3. The learned senior counsel for the petitioners has submitted that this Court by its order dated 11.03.2025 has directed both the parties to respond to a suggestion given by the Court as to whether the petitioners/defendants would be willing to give an undertaking before the Court that in the circumstances it the suit is decreed in favour of the respondents/plaintiffs, the present petitioners would have no objection handing over the constructed house to the respondents/plaintiffs without any further decree being sought for the same. 4. It was also inquired as to whether the petitioners would also be in a position to give an undertaking that they would not create any third party rights over the constructed premises during the pendency of the suit. 5. Similarly, the respondents were also asked to respond as to, in case the suit is dismissed would they be able to indemnify the respondents for loss suffered by the petitioners/defendant. 6. The learned senior counsel for the petitioners has submitted that in pursuant to the order dated 11.03.2025, the petitioners have filed an undertaking dated 17.03.2025, whereby the petitioners have undertaken the following – “In the event that the Title Suit No. 224/2021 is decreed, in favour of the respondents/plaintiffs, the present petitioners (defendants) would have no objection in handing over the constructed house to the plaintiffs without any further decree being sought. During the pendency of the suit, they (the present petitioners/defendant), would not create any third party rights in respect of the suit land. 7. The learned counsel for the respondents has submitted that in view of Page No.# 5/5 the undertaking given by the present petitioners/defendants, the respondents have no objections, if they are allowed to complete the remaining 20% of the construction over the suit land, subject to the undertaking given by the petitioners/ defendants. 8. As the respondents have conceded the prayer of the petitioners, subject to the undertaking given by the petitioners of 17.03.2025, this Court is inclined to allow this Civil Revision Petition (IO) and set aside the impugned order dated 20.01.2023. 9. The petitioners/defendant Nos. 1 and 2 are hereby allowed to start further construction on the suit land subject to the undertaking given by them in this case on 17.03.2025. 10. The petitioner shall produce a certified copy of this order along with a certified copy of the undertaking furnished by them on 17.03.2025 before the Trial Court on the next date fixed. 11. With the above observations, this Civil Revision Petition (IO) is disposed of. JUDGE Comparing Assistant