Page No.# 1/4 GAHC010126442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2181/2025 RATAN DAS S/O. LT. CHINTAHARAN DAS, R/O. SARUPATHAR TOWN, WARD NO. 2, MOUZA AND P/O. SARUPATHAR, DIST. GOLAGHAT, PIN-785601 VERSUS MR KAMAKHYA PRASAD AGARWALLA @ KAMAKHYA PRASAD BAGARIA AND ORS S/O. LT. KISHANLAL AGARWALLA, PRESENTLY RESIDING AT BHANGAGARH, GUWAHATI-781005, KAMRUP (M), ASSAM. 2:SURESH KUMAR BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT REHABARI P/O. AND P/S. PALTAN BAZAR GUWAHATI-781008 KAMRUP (M) ASSAM. 3:JUGAL KISHORE BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT MASULKAR COLONY PIMPRI PUNE-411018 4:RAMESH KUMAR BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT BHANGAGARH GUWAHATI-781005 KAMRUP (M) ASSAM. ALL ARE PERMANENT RESIDENTS OF SARUPATHAR TOWN WARD NO. 2 MOUZA AND P/O. SARUPATHAR Page No.# 2/4 PIN-785601 DIST. GOLAGHAT ASSAM Advocate for the Petitioner : MR. JYOTIRMOY ROY, MR. C CHAKRAVARTY,B SAHA,MR B P SARMAH Advocate for the Respondent : MR. V N UPADHYAY, P MOHESWARI,MS P MISHRA Linked Case : RSA/104/2025 RATAN DAS S/O. LT. CHINTAHARAN DAS R/O. SARUPATHAR TOWN WARD NO. 2 MOUZA AND P/O. SARUPATHAR DIST. GOLAGHAT PIN-785601 VERSUS MR KAMAKHYA PRASAD AGARWALLA @ KAMAKHYA PRASAD BAGARIA AND ORS S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT BHANGAGARH GUWAHATI-781005 KAMRUP (M) ASSAM. 2:SURESH KUMAR BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT REHABARI P/O. AND P/S. PALTAN BAZAR GUWAHATI-781008 KAMRUP (M) ASSAM. 3:JUGAL KISHORE BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT MASULKAR COLONY PIMPRI PUNE-411018 Page No.# 3/4 4:RAMESH KUMAR BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT BHANGAGARH GUWAHATI-781005 KAMRUP (M) ASSAM. ALL ARE PERMANENT RESIDENTS OF SARUPATHAR TOWN WARD NO. 2 MOUZA AND P/O. SARUPATHAR PIN-785601 DIST. GOLAGHAT ASSAM. ------------ Advocate for : MR. JYOTIRMOY ROY Advocate for : MR. V N UPADHYAY appearing for MR KAMAKHYA PRASAD AGARWALLA @ KAMAKHYA PRASAD BAGARIA AND ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 15.07.2025 Heard Mr. J. Roy, learned Senior Counsel, assisted by Mr. R. Hazarika, learned counsel for the applicant/appellant. Also heard Ms. P. Mishra, learned counsel for the opposite parties/respondents. Mr. Roy, learned Senior Counsel for the applicant/appellant submits that he has instruction to withdraw this second appeal as well as the connected interlocutory application and that the applicant/appellant may be granted liberty to approach this Court again by filing appropriate petition. However, Ms. Mishra, learned counsel for the opposite parties/respondents submits that the respondents are being harassed by filing inappropriate application and therefore, she prays that some cost may be imposed upon the appellant, while granting liberty. Page No.# 4/4 Taking note of the submissions of learned Advocates of both sides, this Court deems it appropriate to allow Mr. Roy to withdraw this second appeal and the connected interlocutory application. However, liberty is granted to the appellant to approach this Court again by filing appropriate petition. In the given facts and circumstances, this Court is not inclined to impose any cost as there is absence of materials to suggest that with mala fide intention, the appeal was filed. The certified copies enclosed with the second appeal and the interlocutory application be returned to the applicant/appellant. JUDGE Comparing Assistant