Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010123282016
2025:GAU-AS:2964
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/455/2016 MAHSIN ALI S/O- LT. SAGAR ALI, R/O- RANGIA TOWN, WARD NO. 1, P.O. and P.S.- RANGIA, DIST. - KAMRUP ASSAM, PIN- 781354. VERSUS SUNIL CH. GHOSH and 7 ORS.
2:GURUPADU GHOSH
3:RAMU GHOSH
4:MADAN GHOSH
5:NABIN GHOSH ALL ARE SONS OF LT. NRIPENDRA GHOSH.
6:BHAIRABI GHOSH W/O- LT. LAKSHAN GHOSH 7:HARI GHOSH
8:MANTU GHOSH BOTH ARE SONS OF LT. LAKHAN GHOSH ALL ARE R/O- RANGIA TOWN WARD NO. 7 P.O. and P.S.- RANGIA
Page No.# 2/3 DIST.- KAMRUP ASSAM PIN- 781354 For the petitioner (s) : Mr. A. K. Purkayastha, Advocate
For the respondent (s) : XXXX
BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R
19.03.2025
Heard Mr. A. K. Purkayastha, the learned counsel appearing on behalf of the petitioner.
2. The present proceedings is a proceedings under Article 227 of the Constitution challenging the judgment and decree dated 23.09.2016 passed in Title Suit No.11/2005 whereby the suit filed by the plaintiffs was decreed.
3. Taking into account that the suit has been decreed, the remedy lies under the Code of Civil Procedure, 1908 to file an Appeal there against. However, in the instant case, the petitioner herein has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution.
4. It is well settled that the jurisdiction under Article 227 of the Constitution of India is barred when the Code of Civil Procedure,
Page No.# 3/3 1908 specifically mandates a remedy.
5. Consequently, this Court dismisses the instant application on the ground of maintainability.
6. The interim order passed earlier stands vacated.
JUDGE Comparing Assistant