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2025 DAILYLAW 12624 (GAU)

LHINGNEITING HAOKIP v. DONA PRESIDENCY WELFARE ASSOCIATION AND 3 ORS.

CRP(IO)/182/2025 · 2025-05-25

Devashis Baruah

body2025

Judgment text

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Page No.# 1/3 GAHC010105522025 2025:GAU-AS:6780 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/182/2025 LHINGNEITING HAOKIP D/O - MANGSEI TUBOI, W/O - HAOKHO HAOKIP, R/O- THINGJANG, CHINGMANG, SENAPATI, P.O. - LAMLONG, P.S. - SAIKUL, DISTRICT - KANGPOKPI (MANIPUR), PIN - 795118 VERSUS DONA PRESIDENCY WELFARE ASSOCIATION AND 3 ORS. SITUATED AT DONA PRESIDENCY, VIP ROAD, SIX MILE, CHACHAL, GUWAHATI -781022 2:K. G. BHATTACHARYYA PRESIDENT DONA PRESIDENCY WELFARE ASSOCIATION R/O. FLAT NO D-8 DONA PRESIDENCY VIP ROAD SIX MILE CHACHAL GUWAHATI- 781022 3:P. K. MISHRA SECRETARY DONA PRESIDENCY WELFARE ASSOCIATION R/O- FLAT NO. B-15 6TH FLOOR DONA PRESIDENCY VIP ROAD SIX MILE CHACHAL GUWAHATI -781022 Page No.# 2/3 4:M/S DONA BUILDERS PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT - A/504 5TH FLOOR REMI BIZCOURT PLOT NO. 9 SHAH INDUSTRIALESTATE OFF. VEERA DESAI ROAD ANDHERI (WEST) MUMBAI-400053 HAVING GUWAHATI OFFICE AT 101 1ST FLOOR DONA TOWER D. NEOG PATH G.S. ROAD GUWAHATI-781005 For the Petitioner(s) : Mr. A. Roy, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.05.2025 The learned counsel appearing on behalf of the petitioner submitted that taking into account that the order which has been passed by the learned Trial Court is appealable, the petitioner herein would be well advised to file an appeal before the learned Court of the Civil Judge (Senior Division), Kamrup (M) at Guwahati and as such, he would not like to press the instant petition. 2. This Court has duly taken note of the said submission and in the opinion of this Court that the said order being appealable under Order XLIII Rule 1(r) of the Code of Civil Procedure, 1908, would not like to entertain the instant petition. Page No.# 3/3 3. Considering the above, the instant petition stands closed on withdrawal. 4. The withdrawal of the instant petition shall not prejudice the petitioner, if an appeal is preferred against the impugned order before the appropriate appellate forum. JUDGE Comparing Assistant