Page No.# 1/8 GAHC010113682022 2025:GAU-AS:8027 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/185/2022 BIVAKAR DUTTA S/O- LATE BIRESH CHANDRA DUTTA, R/O- SHYAMAPRASAD ROAD, WARD NO. 24, P.O., P.S. AND DIST. KARIMGANJ, ASSAM VERSUS GIRISHMONI NAMASUDRA AND 6 ORS. VILL-NAYAGRAM, P.O.-SHYAMNAGAR, P.S. AND DIST-KARIMGANJ, ASSAM 2:RAKESH NAMASUDRA VILL-NAYAGRAM P.O.-SHYAMNAGAR P.S. AND DIST-KARIMGANJ ASSAM 3:KUMUDLAL NAMASUDRA VILL-NAYAGRAM P.O.-SHYAMNAGAR P.S. AND DIST-KARIMGANJ ASSAM 4.1:SOUDAMINI NAMASUDRA W/O LATE ANIL NAMASUDRA VILL-NAYAGRAM P.O.-SHYAMNAGAR P.S. AND DIST-KARIMGANJ ASSAM 4.2:CHANDAN NAMASUDRA S/O LATE ANIL NAMASUDRA VILL-NAYAGRAM Page No.# 2/8 P.O.-SHYAMNAGAR P.S. AND DIST-KARIMGANJ ASSAM 4.3:UJJAL NAMASUDRA S/O LATE ANIL NAMASUDRA VILL-NAYAGRAM P.O.-SHYAMNAGAR P.S. AND DIST-KARIMGANJ ASSAM 4.4:SWAPNA NAMASUDRA W/O SANTOSH NAMASUDRA D/O LATE ANIL NAMASUDRA VILL-SOUTH KALACHUP P.O.-HARINAGAR DIST-KARIMGANJ ASSAM 4.5:BABLI NAMASUDRA W/O RUKKMI NAMASUDRA D/O LATE ANIL NAMASUDRA VILL-PARINAGAR P.O.-GIRISHGANJ BAZAR DIST-KARIMGANJ ASSAM 5:THE DEPUTY COMMISSIONER KARIMGANJ ASSAM 6:THE SETTLEMENT OFFICER KARIMGANJ P.O. AND DIST-KARIMGANJ ASSAM 7:THE CIRCLE OFFICER KARIMGANJ P.O. AND DIST-KARIMGANJ ASSA Linked Case : I.A.(Civil)/2163/2023 BIVAKAR DUTTA S/O- LATE BIRESH CHANDRA DUTTA R/O- SHYAMAPRASAD ROAD Page No.# 3/8 WARD NO. 24 P.O. P.S. AND DIST. KARIMGANJ ASSAM VERSUS ON THE DEATH OF GIRISHMONI NAMASUDRA HIS LEGAL HEIRS 1.1:SMTI NARMODA BISWAS WIDOW OF LATE GIRISHMONI NAMASUDRA R/O VILLAGE NAYAGRAM P.O. SHYAMNAGAR P.S. AND DISTRICT KARIMGANJ ASSAM 1.2:SHRI RANJIT BISWAS SON OF LATE GIRISHMONI NAMASUDRA R/O VILLAGE NAYAGRAM P.O. SHYAMNAGAR P.S. AND DISTRICT KARIMGANJ ASSAM 2:ON THE DEATH OF RAKESH NAMASUDRA HIS LEGAL HEIRS 2.1:SMTI PRABASH BALA NAMSUDRA WIDOW OF LATE RAKESH NAMASUDRA R/O VILLAGE NAYAGRAM P.O. SHYAMNAGAR P.S. AND DISTRICT KARIMGANJ ASSAM 2.2:SHRI KAJOL NAMASUDRA SON OF LATE RAKESH NAMASUDRA R/O VILLAGE NAYAGRAM P.O. SHYAMNAGAR P.S. AND DISTRICT KARIMGANJ ASSAM Page No.# 4/8 3:ON THE DEATH OF KUMUDLAL NAMASUDRA HIS LEGAL HEIRS 3.1:SMTI. MOTI RANI BISWAS WIDOW OF LATE KUMUD LAL NAMASUDRA R/O VILLAGE NAYAGRAM P.O. SHYAMNAGAR P.S. AND DISTRICT KARIMGANJ ASSAM 3.2:SHRI SADAN CHANDRA BISWAS SON OF LATE KUMUD LAL NAMASUDRA R/O VILLAGE NAYAGRAM P.O. SHYAMNAGAR P.S. AND DISTRICT KARIMGANJ ASSAM 3.3:SHRI DIPAN BISWAS SON OF LATE KUMUD LAL NAMASUDRA R/O VILLAGE NAYAGRAM P.O. SHYAMNAGAR P.S. AND DISTRICT KARIMGANJ ASSAM 4.1:SOUDAMINI NAMASUDRA W/O LATE ANIL NAMASUDRA VILL-NAYAGRAM P.O.-SHYAMNAGAR P.S. AND DIST-KARIMGANJ ASSAM 4.2:CHANDAN NAMASUDRA S/O LATE ANIL NAMASUDRA VILL-NAYAGRAM P.O.-SHYAMNAGAR P.S. AND DIST-KARIMGANJ ASSAM 4.3:UJJAL NAMASUDRA S/O LATE ANIL NAMASUDRA VILL-NAYAGRAM Page No.# 5/8 P.O.-SHYAMNAGAR P.S. AND DIST-KARIMGANJ ASSAM 4.4:SWAPNA NAMASUDRA W/O SANTOSH NAMASUDRA D/O LATE ANIL NAMASUDRA VILL-SOUTH KALACHUP P.O.-HARINAGAR DIST-KARIMGANJ ASSAM 4.5:BABLI NAMASUDRA W/O RUKKMI NAMASUDRA D/O LATE ANIL NAMASUDRA VILL-PARINAGAR P.O.-GIRISHGANJ BAZAR DIST-KARIMGANJ ASSAM 5:THE DEPUTY COMMISSIONER KARIMGANJ ASSAM 6:THE SETTLEMENT OFFICER KARIMGANJ P.O. AND DIST-KARIMGANJ ASSAM 7:THE CIRCLE OFFICER KARIMGANJ P.O. AND DIST-KARIMGANJ ASSAM For the petitioner (s) : Ms. A. Chakraborty, Advocate For the respondent (s) : Mr. M. H. Rajbarbhuiyan, Advocate Page No.# 6/8 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 16.06.2025 Ms. A. Chakraborty, the learned counsel appearing on behalf of the petitioner submitted that there are various formal defects as would appear from a perusal of the plaint in as much as the reliefs which have been sought for; the Schedule so mentioned in the plaint as well as the parties who have been impleaded which included various dead persons. 2. Be that as it may, it is relevant to take note of that the present proceedings is taken up under Article 227 of the Constitution, and under such circumstances, this Court can only look into what order has been passed by the learned Trial Court and in respect to what application the plaintiff had filed seeking withdrawal of the suit with liberty to refile. 3. The application so filed is bereft of any particulars as to whether there are the formal defects or other causes for which the plaintiff should be permitted to withdraw the suit with liberty to refile. 4. The learned counsel for the petitioner therefore submitted that as it was the fault on the part of the counsel who was Page No.# 7/8 representing the petitioner for which a proper application could not be filed, and as such, liberty be given to the petitioner to file appropriate application before the learned Trial Court seeking withdrawal of the suit with liberty to refile by providing proper material particulars. She further submitted that in the eventuality of such application being filed, the learned Trial Court be directed to consider the same without being influenced by the impugned order dated 30.11.2021. 5. Taking into account the submission as well as the application so filed, it appears that application so filed by the plaintiff do not contain material particulars for which the learned Trial Court was insisted in passing the impugned order. 6. Considering the above, this Court finds no ground to interfere with the order dated 30.11.2021 passed in Title Suit No.215/2018 by the learned Court of the Munsiff No.1, Karimganj whereby the petition No.432/43 was rejected. 7. Be that as it may, it shall not be a bar for the plaintiff to file an application seeking withdrawal of the suit with liberty by providing detail reasons. It is observed that in such eventuality, if any application is filed, the learned Trial Court shall decide the said application on its own merits without being influenced by the order dated 30.11.2021. Page No.# 8/8 8. It is seen that vide an order dated 12.08.2022, the further proceedings of Title Suit No.215/2018 was stayed. The said stay order stands vacated and the parties who are duly represented are directed to appear before the learned Trial Court on 14.07.2025 for further proceedings of the suit. 9. With the above, the instant petition stands disposed of. JUDGE Comparing Assistant