Page No.# 1/3 GAHC010147362023 2025:GAU-AS:12815 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/213/2023 M/S H B ENTERPRISE A PROPRIETORSHIP FIRM REPRESENTED BY ITS AUTHORITIES REPRESENTATIVE SRI KAMAKHYA SAHA, 45 YEARS, S/O LATE HARIDAS SAHA, R/O WARD NO. 3 OF KHARUPETIA TOWN, P.O. AND P.S.- KHARUPETIA, DIST- DARRANG, ASSAM VERSUS ON THE DEATH OF NIRANJAN DUTTA HIS LEGAL HEIRS AND ORS. NAMELY- 1.1:SIPRA DUTTA W/O LATE NIRANJAN DUTTA R/O VILL-NAUKAGHAT P.O. AND P.S.-KHARUPETIA DIST-DARRANG ASSAM 1.2:SIMANTA DUTTA S/O LATE NIRANJAN DUTTA R/O VILL-NAUKAGHAT P.O. AND P.S.-KHARUPETIA DIST-DARRANG ASSAM 1.3:JAYANTA DUTTA S/O LATE NIRANJAN DUTTA R/O VILL-NAUKAGHAT P.O. AND P.S.-KHARUPETIA DIST-DARRANG ASSAM Page No.# 2/3 1.4:SOMA DUTTA D/O LATE NIRANJAN DUTTA R/O VILL-NAUKAGHAT P.O. AND P.S.-KHARUPETIA DIST-DARRANG ASSAM 2:UTPAL DUTTA S/O LATE MANMUHAN DUTTA R/O VILL-NOUKAGHAT P.O.-KHARUPETIA DIST-DARRANGA ASSAM 3:ASHUTO DUTTA S/O LATE MANMUHAN DUTTA R/O VILL-NOUKAGHAT P.O.-KHARUPETIA DIST-DARRANGA ASSAM 4:ALOK KUMAR BANTHIA S/O DHANRAJ BANTHIA R/O WARD NO. 1 KHARUPETIA TOWN DIST-DARRANG ASSAM 5:UTTAM KUMAR SAHA S/O LT. JAMENDRA MOHAN SAHA R/O WARD NO. 3 KHARUPETIA TOWN DIST-DARRANG ASSAM 6:OMAR DEY S/O UPEN DEY R/O WARD NO. 7 KHARUPETIA TOWN DIST-DARRANG ASSA Advocate for the Petitioner : MR. D P CHALIHA, MS M ROY Advocate for the Respondent : MR C GOSWAMI (r-4,5,6), Page No.# 3/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 17-09-2025 Learned Senior Counsel Mr. D.P. Chaliha is present for the petitioner and has submitted that the petitioner is not pressing the petition and has prayed for withdrawal of this petition. It is submitted that this petition was against the order dated 08.05.2023 passed by the learned Civil Judge, Darrang in Title Suit No. 01/2017 whereby the learned Trial Court did not accord an opportunity to the petitioner to cross- examine the PW-1. Meanwhile, PW-1 has passed away and thereby, the petitioner has prayed for withdrawal of this petition. Petition is hereby dismissed on withdrawal. Interim order passed earlier stands vacated. JUDGE Comparing Assistant