Page No.# 1/3 GAHC010202152023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/287/2023 M AKENDRA SINGH S/O LT. MOINA BABU SINGHA, R/O PANJABARI, BOTAHGHULI, P.O. AND P.S.-PANJABARI, GUWAHATI-781037, DIST- KAMRUP (M), ASSAM VERSUS SMT. MONIKA KOCH AND 2 ORS. W/O LT. GUNU KOCH, R/O BANMUKH KATHPAR GAON, P.O.-BANMUKH, P.S.-SIVSAGAR, DIST- SIVSAGAR, ASSAM-785663 2:SMT. JUNMI KOCH D/O LT. GUNU KOCH R/O BANMUKH KATHPAR GAON P.O.-BANMUKH P.S.-SIVSAGAR DIST- SIVSAGAR ASSAM-785663 3:DEBOJIT KOCH S/O LT. GUNU KOCH R/O BANMUKH KATHPAR GAON P.O.-BANMUKH P.S.-SIVSAGAR DIST- SIVSAGAR ASSAM-78566 For the Petitioner(s) : Mr. P. J. Barman, Advocate For the Respondent(s) : Mr. B. Sharma, Advocate Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.06.2025 Mr. P. J. Barman, the learned counsel for the petitioner submitted that the petitioner by way of a sale deed had transferred the alleged offending vehicle bearing Registration No.AS-13-A-7144 to one Shri Uttam Baruah on 26.08.2016. He submitted that all these aspects have been duly mentioned in the written statement filed by the petitioner before the learned Tribunal. 2. The learned counsel further submitted that for the purpose of proper determination of the issues, he had filed an application under Order I Rule 10 of the Code of Civil Procedure, 1908 for impleading the said Uttam Baruah who purchased the vehicle on the basis of the sale deed dated 26.08.2016. However not only the said application was dismissed but observations have been made which would impact the merits in the trial of the proceedings. He therefore submitted that the order dated 20.06.2023 passed in MAC Case No.5/2021 in Petition No.1118/2022 be interfered with only to the extent that the said observations so made shall not affect the petitioner’s defence during the trial of MAC Case No.5/2021. 3. This Court having heard the learned counsel for the petitioner and taking into account his limited submission is of the opinion that the petitioner having taken these defences before the learned Tribunal in MAC Case No.5/2021 and the same is yet to be adjudicated on evidence being tendered by both the parties, this Court observes and directs that Page No.# 3/3 the learned Trial Court shall decide the proceedings on its merits without being influenced by the observations so made in the order dated 20.06.2023 passed in MAC Case No.5/2021 in Petition No.1118/2022. 4. This Court for the sake of clarity observes that the order dated 20.06.2023 is not interfered with. However, this Court have directed the learned Tribunal i.e. the learned District and Sessions Judge cum Motor Accident Claims Tribunal, Sivasagar to decide the MAC Case No.5/2021 without being influenced by the observations made in the impugned order. 5. This Court further takes note of that vide an order dated 15.09.2023, the further proceedings of MAC Case No.5/2021 pending before the learned District and Sessions Judge cum Motor Accident Claims Tribunal, Sivasagar was stayed. The said stay order stands vacated and the parties are directed to appear before the learned District and Sessions Judge cum Motor Accident Claims Tribunal, Sivasagar on 21.07.2025. 6. With above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant