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2025 DAILYLAW 11556 (GAU)

CHANDRAPROVA GOSWAMI AND ANR v. SANJOY GOSWAMI AND ANR

CRP(IO)/151/2024 · 2025-05-25

Devashis Baruah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010090442024 2025:GAU-AS:6776 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/151/2024 CHANDRAPROVA GOSWAMI AND ANR W/O- PAPU GIRI, R/O- INDIRA NAGAR, LUCKNOW, P.O. INDIRA NAGAR, P.S. INDIRA NAGAR, UTTAR PRADESH- 226016. 2: SUSMITA GOSWAMI W/O- RAJIB RANJAN GIRI R/O- SADUKAPUR MATIA GOPALGANJ P.S. AND DIST. GOPALGANJ BIHAR-841428 VERSUS SANJOY GOSWAMI AND ANR S/O- LATE SURENDRA GOSWAMI, R/O- ITKHOLA, P.O. SILCHAR, P.S. SILCHAR, WARD NO. 4, DIST. CACHAR, ASSAM 2:VANSH GOSWAMI (MINOR) S/O- LATE BINODE KUMAR GOSWAMI REP. BY HIS MOTHER AND NATURAL GUARDIAN SMTI. SEEMA GOSWAMI W/O- LATE BINODE KUMAR GOSWAMI R/O- ITKHOLA P.O. AND P.S. SILCHAR WARD NO. 4 DIST. CACHAR ASSA For the Petitioner(s) : Mr. G. N. Sahewalla, Sr. Advocate : Ms. S. Agarwal, Advocate For the Respondent(s) : Mr. E. Ahmed, Advocate Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.05.2025 Heard Mr. G. N. Sahewalla, the learned Senior counsel assisted by Ms. S. Agarwal, the learned counsel appearing on behalf of the petitioners and Mr. E. Ahmed, the learned counsel appearing on behalf of the respondents. 2. Mr. G. N. Sahewalla, the learned Senior counsel submits that taking into account the order dated 05.01.2024 and the fact that the petitioners did not place before the learned Trial Court as to what were the admitted signatures, he may be permitted to withdraw the instant petition with a liberty to file a fresh petition placing more details as to which would be the admitted signatures with which the signature on the wills dated 02.06.2008 and 12.08.2008 can be compared. 3. Taking into account the above, the instant petition stands closed on withdrawal. 4. Interim order passed on 13.05.2024 stands vacated. 5. The withdrawal of the instant petition shall not preclude the petitioners from filing appropriate application providing the details of the admitted signatures with which the wills dated 02.06.2008 and 12.08.2008 can be compared by the FSL. 6. Taking into account that both the parties are duly represented, they are directed to appear before the Court of the learned Additional District Page No.# 3/3 Judge, (FTC) at Silchar on 23.06.2025 for further proceedings of Test Suit No.5/2017. 7. The liberty so given to the petitioners to file the application is to be exercised on the next date so fixed herein above. JUDGE Comparing Assistant