Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 15970 (GAU)

SRI UMESH CH. PATHAK v. NARESH CH. PATHAK AND 12 ORS.

I.A.(Civil)/1847/2020 · 2025-02-09

Devashis Baruah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010154282020 2025:GAU-AS:1392 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1847/2020 SRI UMESH CH. PATHAK S/O. LT. HEM CHANDRA SARMA, NEAR BENGPUKHURI, MANIK HAZARIKA ROAD, TINSUKIA TOWN, P.O. AND DIST. TINSUKIA,ASSAM, PIN-786125 VERSUS NARESH CH. PATHAK AND 12 ORS. S/O. LT. HEM CHANDRA SHARMA, R/O. HEMNAGAR, DURGABARI, P.O. AND DIST. TINSUKIA,ASSAM, PIN-786125 2:SRI SURESH CHANDRA PATHAK S/O LT. HEM CHANDRA PATHAK NEAR BENGPUKHURI MANIK HAZARIKA ROAD TINSUKIA TOWN DIST. TINSUKIA ASSAM. 3:SRI PARESH CHANDRA PATHAK S/O LT. HEM CHANDRA PATHAK NEAR BENGPUKHURI MANIK HAZARIKA ROAD TINSUKIA TOWN DIST. TINSUKIA ASSAM. 4:SRI ADITYA RANJAN KAUSHIK PATHAK 5:SMT. BANDANA PATHAK Page No.# 2/6 6:SMT. CHANDANA PATHAK. 7:SON AND DAUGHTER OF DR. NARESH CHANDRA PATHAK RESIDENT OF HEMNAGAR DURGABARI P.O. and DIST. TINSUKIA ASSAM. 8:SRI RAMESH CHANDRA PATHAK SON OF HEMCHANDRA PATHAK. 9:SMT. MANDIRA PATHAK WIFE OF SRI RAMESH CHNDRA PATHAK NEAR BENGPUKHURI MANIK HAZARIKA ROAD TINSUKIA TOWN DIST. TINSUKIA ASSAM. 10:SMT. BINA SHARMA WIFE OF LT. PRATAP CHANDRA SHARMA ZOO ROAD PRASHAMNTA PATH GUWAHATI. 11:DR. MINA BARUAH WIFE OF SRI DULAL CHANDRA BARUAH JYOTI NAGAR GUWAHATI COLLEGE ROAD GUWAHATI. 12:SMT. SIKHA ADHYAPAK WIFE OF SRI ASWINI ADHYAPAK NEAR INCOME TAX OFFICE BORDOLOI NAGAR TINSUKIA. 13:SMT. RINA DEBI WIFE OF SRI JOGEN BORPUJARI ANANDA NAGAR NEAR HINDI HIGH SCHOOL BAMUNIMAIDAN Page No.# 3/6 GUWAHATI-21 Advocate for the Petitioner : MR. B C DAS, MR. U DUTTA Advocate for the Respondent : MS. M BHATTACHARJEE, Linked Case : RSA/72/2009 SRI UMESH CH. PATHAK S/O LT. HEM CHANDRA SARMA NEAR BEGUPUKHURI MANIK HAZARIKA ROAD TINSUKIA TOWN DIST. TINSUKIA ASSAM. VERSUS DR. NARESH CH. PATHAK S/O LT. HEM CHANDRA SHARMA R/O HEMNAGAR DURGABARI P.O. and DIST. TINSUKIA ASSAM. 2:SRI SURESH CHANDRA PATHAK S/O LT. HEM CHANDRA PATHAK NEAR BENGPUKHURI MANIK HAZARIKA ROAD TINSUKIA TOWN DIST. TINSUKIA ASSAM. 3:SRI PARESH CHANDRA PATHAK S/O LT. HEM CHANDRA PATHAK NEAR BENGPUKHURI MANIK HAZARIKA ROAD TINSUKIA TOWN DIST. TINSUKIA ASSAM. 4:SRI ADITYA RANJAN KAUSHIK PATHAK Page No.# 4/6 5:SMT. BANDANA PATHAK 6:SMT. CHANDANA PATHAK. 7:SON AND DAUGHTER OF DR. NARESH CHANDRA PATHAK RESIDENT OF HEMNAGAR DURGABARI P.O. and DIST. TINSUKIA ASSAM. 8:SRI RAMESH CHANDRA PATHAK SON OF HEMCHANDRA PATHAK. 9:SMT. MANDIRA PATHAK WIFE OF SRI RAMESH CHNDRA PATHAK NEAR BENGPUKHURI MANIK HAZARIKA ROAD TINSUKIA TOWN DIST. TINSUKIA ASSAM. 10:SMT. BINA SHARMA WIFE OF LT. PRATAP CHANDRA SHARMA ZOO ROAD PRASHAMNTA PATH GUWAHATI. 11:DR. MINA BARUAH WIFE OF SRI DULAL CHANDRA BARUAH JYOTI NAGAR GUWAHATI COLLEGE ROAD GUWAHATI. 12:SMT. SIKHA ADHYAPAK WIFE OF SRI ASWINI ADHYAPAK NEAR INCOME TAX OFFICE BORDOLOI NAGAR TINSUKIA. 13:SMT. RINA DEBI WIFE OF SRI JOGEN BORPUJARI Page No.# 5/6 ANANDA NAGAR NEAR HINDI HIGH SCHOOL BAMUNIMAIDAN GUWAHATI-21. ------------ Advocate for the applicant(s): None Appears Advocate for the respondent(s): Ms. M Bhattacharjee For respondent No.1 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 10.02.2025 None appears on behalf of the applicant on call. 2. Ms. M Bhattacharjee, the learned counsel appearing on behalf of the respondent No.1 submits that the said respondent being the brother of the appellant is aware of the fact that the appellant had expired on 27.04.2024. In that regard, a copy of the invitation card for ‘Shraddha Ceremony’ had been produced by the learned counsel appearing on behalf of the respondent No.1, which is kept on record and marked with the letter ‘X’. 3. Taking into account the above, the instant application stands abated, for which, the same stands closed. JUDGE Page No.# 6/6 Comparing Assistant