Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 18530 (GAU)

KARIMGANJ CHAR BAZAR JAME MASJID v. THE STATE OF ASSAM AND 2 ORS

CRP(IO)/388/2024 · 2025-02-11

Devashis Baruah

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010195502024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/388/2024 KARIMGANJ CHAR BAZAR JAME MASJID REPRESENTED BY ITS MUTAWALLI/ SECRETARY, FUWAD MOHAMMOD CHOUDHURY, S/O- A.K. MOHAMMOD EAHEYA CHOUDHURY, R/O- A.R.C. ROAD, WARD NO. 1, KARIMGANJ TOWN, P.O., P.S. AND DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE DISTRICT COMMISSIONER OF KARIMGANJ DISTRICT, P.O., P.S. AND DIST.KARIMGANJ, ASSAM 2:THE SUB-DIVISIONAL OFFICER KARIMGANJ P.O. KARIMGANJ DIST. CACHAR ASSAM 3:TAROKA KRIRA O SANGSKRITIK SANGSTHA REPRESENTED BY ITS PRESIDENT OF CHARBAZAR WARD NO. 23 KARIMGANJ TOWN P.O. P.S. AND DIST. KARIMGANJ ASSA For the petitioner (s) : Mr. H. R. Choudhury, Advocate For the respondent (s) : Mr. T. R. Gogoi, Govt. Advocate Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 12.02.2025 Heard Mr. H. R. Choudhury, the learned counsel appearing on behalf of the petitioner and Mr. T. R. Gogoi, the learned counsel appearing on behalf of the State of Assam. 2. This is an application under Article 227 of the Constitution challenging the order dated 04.07.2024 passed in Misc. Case No.607/2023 arising out of the Title Suit No.330/1982. It is seen from the order dated 04.07.2024 that an application was filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) seeking amendment of the plaint which was rejected vide the impugned order. 3. This Court has duly perused the application filed under Order VI Rule 17 of the Code by the petitioner. It is relevant to take note of that the suit is of the year 1982, and for more than 40 years, the suit has been pending before the Trial Court. There is not a single whisper in the application as to why the said amendment could not be filed at the earlier stage and the said amendment is sought to be filed only at the stage of argument. 4. Under such circumstances, this Court upon perusal of the Page No.# 3/3 impugned order dated 04.07.2024 passed in Misc. Case No.607/2023 arising out of Title Suit No.330/1982 and the reasons recorded therein do not find this a fit case for interference under Article 227 of the Constitution. 5. Accordingly, the instant petition stands dismissed. JUDGE Comparing Assistant