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2025 DAILYLAW 18280 (GAU)

UJJAL DAS AND 7 ORS. v. RANJIT KUMAR DAS AND ANR

CRP(IO)/384/2024 · 2025-03-27

Devashis Baruah

body2025

Judgment text

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Page No.# 1/4 GAHC010191282024 2025:GAU-AS:3768 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/384/2024 UJJAL DAS AND 7 ORS. S/O- LATE NRIPENDRA CHANDRA DAS, R/O- WARD NO. 3, BIJNI TOWN, AMGURI COLONY, P.O. AND P.S. BIJNI, DIST. CHIRANG, BTR, ASSAM 2: DIPAK DAS S/O- LATE NRIPENDRA CHANDRA DAS R/O- WARD NO. 3 BIJNI TOWN AMGURI COLONY P.O. AND P.S. BIJNI DIST. CHIRANG BTR ASSAM 3: KALPANA DAS D/O- LATE NRIPENDRA CHANDRA DAS R/O- WARD NO. 3 BIJNI TOWN AMGURI COLONY P.O. AND P.S. BIJNI DIST. CHIRANG BTR ASSAM 4: DOLI DAS (DHAR) W/O- AJIT DHAR D/O- LATE NRIPENDRA CHANDRA DAS R/O- WARD NO. 3 BIJNI TOWN AMGURI COLONY P.O. AND P.S. BIJNI DIST. CHIRANG BTR ASSAM Page No.# 2/4 5: ARCHANA DAS (ROY) W/O- BIPLAB ROY D/O- LATE NRIPENDRA CHANDRA DAS R/O- WARD NO. 4 BIJNI TOWN SUBAIJHAR ROAD P.O. AND P.S. BIJNI DIST. CHIRANG BTR ASSAM 6: KAJALI DAS (SEN) W/O- RAKHAL SEN D/O- LATE NRIPENDRA CHANDRA DAS R/O- JAKLIBIL PATHAR BARPETA ROAD P.O. AND P.S. BARPETA ROAD DIST. BAKSA BTR ASSAM 7: RUCHI DEY SARKAR D/O- SWAPAN DEY SARKAR GRAND DAUGHTER OF LATE NRIPENDRA CHANDRA DAS R/O- WARD NO. 7 BARPETA ROAD (ARANYAK) P.O. AND P.S. BARPETA ROAD DIST. BARPETA ASSAM 8: SMT. SHAHALI DEY SARKAR D/O- SWAPAN DEY SARKAR W/O- SWARAJIT BOSE GRAND DAUGHTER OF LATE NRIPENDRA CHANDRA DAS R/O- 37 ADYANATH SAHA ROAD LAKE TOWN P.O. SHRUBHUMI KOLKATA WEST BENGAL PIN- 700048 VERSUS RANJIT KUMAR DAS AND ANR S/O- LATE RAM CHARAN DAS, R/O- WARD NO. 3, BIJNI TOWN, AMGURI COLONY, P.O. AND P.S. BIJNI, DIST. CHIRANG, BTR, ASSAM Page No.# 3/4 2:SANJIB KUMAR DAS S/O- LATE RAM CHARAN DAS R/O- WARD NO. 3 BIJNI TOWN AMGURI COLONY P.O. AND P.S. BIJNI DIST. CHIRANG BTR ASSA Advocate for the petitioner(s): Mr. H Das Advocate for the respondent(s): Mr. T Das B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 28.03.2025 Heard Mr. H Das, the learned counsel appearing on behalf of the petitioners, who submits that in terms with the evidence of the Lat Mandal, it appears that the cadastral map was not taken into consideration, but the same being a subject matter of the suit presently, which is yet to be argued, the petitioner would not like to press the instant proceedings. 2. The learned counsel for the petitioners, however, submits that withdrawal of the instant petition should not prejudice the petitioners in the suit and in the circumstance, the suit is decided against the petitioners, it should not prejudice the petitioners to raise grounds of objection under Section 105 of the Code of Civil Procedure, 1908. Page No.# 4/4 3. Taking into account the above, the instant proceedings stands closed on withdrawal. 4. It is observed that the withdrawal of the instant petition shall not prejudice the petitioners in the suit as well as also in taking such grounds of objection, if an appeal is required to be filed by the petitioners. 5. It has been submitted by the learned counsels appearing on behalf of the parties that the next date fixed before the learned Trial Court is on 25.04.2025. The learned Trial Court shall proceed with the disposal of the suit in accordance with law. JUDGE Comparing Assistant