Page No.# 1/3 GAHC010146282024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/323/2025 M/S SHREENIWAS BASUDEO AND 2 ORS A UNIT OF ASSAM VEGETABLE AND OIL PRODUCTS LTD GENERAL MERCHANT AND COMMISSION AGENTS HAVING ITS REGISTERED OFFICE AT GS ROAD GANESHGURI GUWAHATI 5 REP BY ITS AUTHORIZED DIRECTOR MRS ANJU DEORAH W/O PANKAJ DEPRAH 2: ANJU DEORAH W/O SRI PANKAJ DEORAH AUTHORIZED DIRECTOR M/S SREENIWAS BASUDEO GANESHGURI GUWAHATI 5 AT PRESENT R/O SPANISH GARDEN FLAT NO. C 404 ZOO ROAD GUWAHATI 5 DIST KAMRUP METRO ASSAM 3: ASSAM VEGETABLE AND OIL PRODUCTS LTD HAVIBNG ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS AT G S ROAD GANESHGURI GUWAHATI 5 AND IS REP BY ITS AUTHORIZED DIRECTOR MRS ANJU DEORAH W/O OF SRI PANKAJ DEORA VERSUS M/S RADHESHYAM RATHI AND 3 ORS A PROPRIETOR FIRM HAVING ITS REGISTERED OFFICE AT R G BARUAH ROAD GUWAHATI 5 THROUGH ITS PROPRIETOR SHRI RADHESHYAM RATHI 2:RADHESHYAM RATHI S/O LT JUGAL KISHORE RATHI R/O TARUN NAGAR ABC GUWAHATI 5 3:MARBLE CENTRE HAVING ITS OFFICE AT G S ROAD GANESHGURI GUWAHATI 6 AND IS REP BY ITS PROPRIETOR SMTI LILAWARI LAHOTI 4:LILAWATI LAHOTI W/O SHRI PRADIP LAHOTI PROPRIETOR OF MARBLE CENTRE G S ROAD GANESHGURI GUWAHATI Page No.# 2/3 Advocate for the Petitioner : MR. N ALAM, MR K JAIN,S A BAKHTIAR Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.08.2025 Heard Mr. N. Alam, the learned counsel appearing for the petitioners. 2. This is an application under Section 227 of the Constitution of India challenging the order dated 25.04.2024 passed by the learned Civil Judge (Jr. Division) No.1, Kamrup(M), Guwahati in Misc.(J) Case No.587/2022 arising out of Title Suit No.320/2006. 3. The aforementioned miscellaneous case was dismissed on the ground that there was another Misc.(J) Case No.144/2019 was pending. 4. It may be mentioned that on 07.05.2019, the same Misc.(J) Case No.144/2019 was already disposed of. 5. I have considered the submission made by Mr. Alam. 6. The impugned order dated 25.04.2024 was passed on misconception of fact. On 07.05.2019, the Misc.(J) Case No.144/2019 was disposed of but still the trial court had held that the said case was pending. Therefore, the dismissal of instant Misc.(J) Case No.587/2022 arising out of Title Suit No.320/2006 is bad in law. The impugned order dated 25.04.2024 stands set aside. 7. The learned trial court is directed to dispose of the Misc.(J) Case No.587/2022 in accordance with the procedure as laid down by law. The trial court shall consider the Page No.# 3/3 case of the petitioner under Rule 445 of the Gauhati High Court Civil Rules and Orders. With the aforesaid direction, the present Civil Revision Petition is disposed of. JUDGE Comparing Assistant