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2025 DAILYLAW 11554 (GAU)

JOGENDRA CHANDRA PAL v. ON THE DEATH OF SOLE RESPONDENT PRAMESH CHANDRA DAS, HIS LEGAL HEIR SRI PRANSENJIT DAS ALIAS BAPPI

MC/19/2025 · 2025-08-07

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/4 GAHC010089362025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/19/2025 JOGENDRA CHANDRA PAL S/O LATE JOGESH CHANDRA PAL, RESIDENT OF LANKESWAR GRANT, LANKA TOWN, MOUZA LANKA, PS LANKA, DIST NAGAON, ASSAM 782446 2: JAYANTA PAL S/O LATE JOGESH CHANDRA PAL RESIDENT OF LANKESWAR GRANT LANKA TOWN MOUZA LANKA PS LANKA DIST NAGAON ASSAM 782446 3: SMTI PRANITA PAL D/O LATE JOGESH CHANDRA PAL RESIDENT OF LANKESWAR GRANT LANKA TOWN MOUZA LANKA PS LANKA DIST NAGAON ASSAM 782446 4: SMTI MANJU PAL W/O NISHIKANTA DUTTA RESIDENT OF LANKESWAR GRANT LANKA TOWN MOUZA LANKA PS LANKA DIST NAGAON ASSAM 78244 Page No.# 2/4 VERSUS ON THE DEATH OF SOLE RESPONDENT PRAMESH CHANDRA DAS, HIS LEGAL HEIR SRI PRANSENJIT DAS ALIAS BAPPI S/O LATE PRAMESH CHARAN DAS, RESIDENT OF VILLAGE PUB BHALUKMARI, PO BHALUKMARI, PS LANKA, DIST HOJAI, ASSAM 782442 2:SRI PULAK DAS S/O LATE PRAMESH CHARAN DAS RESIDENT OF VILLAGE PUB BHALUKMARI PO BHALUKMARI PS LANKA DIST HOJAI ASSAM 782442 3:SMTI PRATIMA DAS D/O LATE PRAMESH CHARAN DAS W/O SRI SANKAR DAS RESIDENT OF NELIRPAR WARD NO. 7 CHAPARMUKH PO AND PS CHAPARMUKH DIST NAGAON ASSAM 78242 Advocate for the Petitioner : MR. S SARMA, MR S K DEKA,MR. C TALUKDAR,ARUNABH SARMA Advocate for the Respondent : , Linked Case : RSA/14/2010 JOGENDRA CHANDRA PAL and 3 ORS 2: JAYANTA PAL BOTH SONS OF LATE JOGESH PAL R/O LANKESHWAR GRANT LANKA TOWN Page No.# 3/4 MOUZA LANKA P.S. LANKA DIST. NAGAON ASSAM. 3: SMTI PRANITA PAL D/O LATE JOGESH PAL 4: SMTI MANJU PAL W/O SRI NISHIKANTA DUTTA BOTH RESIDENTS OF LANKESHWAR GRANT LANKA TOWN MOUZA LANKA P.S. LANKA DIST. NAGAON ASSAM. VERSUS ON THE DEATH OF SOLE RESPONDENT SRI PRAMESH CHANDRA DAS HIS LEGAL HEIRS SRI PRASENJIT DAS @ BAPPI R/O LANKESHWAR GRANT LANKA TOWN MOUZA LANKA P.S. LANKA DIST. NAGAON ASSAM. 1.2:SRI PULAK DAS R/O LANKESHWAR GRANT LANKA TOWN MOUZA LANKA P.S. LANKA DIST. NAGAON ASSAM. 1.3:SMTI PRATIMA DAS R/O LANKESHWAR GRANT LANKA TOWN MOUZA LANKA P.S. LANKA DIST. NAGAON ASSAM. ------------ Advocate for : K GOSWAMI Advocate for : B K SINGH appearing for ON THE DEATH OF SOLE RESPONDENT Page No.# 4/4 SRI PRAMESH CHANDRA DAS HIS LEGAL HEIRS SRI PRASENJIT DAS @ BAPPI BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.08.2025 Heard the learned Senior Counsel Mr. S Sarma assisted by Mr. T K Bhuyan appearing for the applicants. This application has been filed under Order XLI Rule 9 of the Code of Civil Procedure read with Section 151 of the said Code praying for readmission of the Regular Second Appeal being RSA No. 14/2010, which was dismissed for default vide order dated 12.03.2024 passed in IA(C) No. 1449/2025. The delay in filing the application under Order XLI Rule 9 of the Code of Civil Procedure praying for readmission of the RSA No. 14/2010 was allowed. Therefore, the prayer for restoration of appeal to file is also allowed. The RSA No.14/2010 shall be restored to file and shall be listed for final hearing on 28th August, 2025. It is further directed that the judgment and decree dated 20.08.2009 passed by the learned District Judge, Nagaon in Title Appeal No. 2/2006 shall remain stayed. The Miscellaneous Case is accordingly disposed of. JUDGE Comparing Assistant