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2025 DAILYLAW 20741 (GAU)

RAJSAKHAR SAHA v. MUSSTT. PRONOTI MAZUMDAR and 17 ORS

CRP/422/2015 · 2025-02-16

Devashis Baruah

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Judgment text

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Page No.# 1/4 GAHC010239982015 2025:GAU-AS:1668 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/422/2015 RAJSAKHAR SAHA S/O SRI SWAPAN SAHA, R/O CENTRAL ROAD, SILCHAR TOWN, P.S. SILCHAR, DIST- CACHAR, ASSAM VERSUS MUSSTT. PRONOTI MAZUMDAR and 17 ORS W/O LT. HABIBUR RAHMAN MAZUMDAR 2:TINKU MAZUMDAR 3:MOMINUR RAHMAN @ SHANKU MAZUMDAR BOTH ARE S/O LT. HABIBUR RAHMAN MAZUMDAR 4:TAPAN KUMAR SAHA S/O LT. SHANTI GOPAL SAHA 5:DIPAK KUMAR ROY S/O SRI HARI PADA ROY ALL ARE R/O CENTRAL ROAD SILCHAR TOWN P.O. and P.S. SILCHAR DIST- CACHAR ASSAM 6:ANABIK GUPTA 7:AMIT GUPTA Page No.# 2/4 8:ASHISH GUPTA ALL ARE S/O LT. ARUNENDU KISHORE GUPTA @ ARUN KUMAR GUPTA 9:NILIMA GUPTA W/O LT. ARUNENDU KISHORE GUPTA @ ARUN KUMAR GUPTA ALL ARE R/O DUHALIA 5 P.O. and P.S. PATHARKANDI DIST- KARIMGANJ ASSAM 10:BIKASH RANJAN SHEE 11:MANJU SHEE 12:MITALI SHEE 13:MUKTA SHEE ALL ARE S/O and D/O LT. BHPENDRA KUMAR SHEE R/O HOSPITAL ROAD SILCHAR TOWN P.O. and P.S. SILCHAR DIST- CACHAR ASSAM 14:MIRA SHYAM CHOUDHURY W/O SRI BACHASPATI SHYAM CHOUDHURY R/O VILL. and P.O. SREEGOURI P.S. BADARPUR DIST- KARIMGANJ ASSAM 15:ALBERT SAHA ALIAS BISWAJIT SAHA S/O LT. NARAYAN CHANDRA SAHA 16:JUMA SAHA W/O SRI BISHU ROY D/O LT. NARAYAN CHANDRA SAHA R/O NATIONAL HIGHWAY P.O. SILCHAR-5 DIST- CACHAR ASSAM 17:MONSUR ALAM MAZUMDAR ALIAS MINTU MAZUMDAR S/O LT. HABIBUR RAHMAN MAZUMDAR OF GHONIALA SILCHAR TOWN P.O. and P.S. SILCHAR DIST- CACHAR Page No.# 3/4 ASSAM 18:SAHANAJ MAZUMDAR ALIAS SMTI. SUSMITA MAZUMDAR D/O LT. HABIBUR RAHMAN MAZUMDAR AND W/O SRI SUBRATA BHATTACHARJEE C/O MR. GURUMUKH SINGH 17/IA MIDDLE ROAD KOLKATA-14 AMENDED VIDE ORDER DTD. 19/07/0 Advocate for the petitioner(s): Ms. P Bhattacharya Advocate for the respondent(s): Mr. D Chakrabarty Ms. S Todi B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 17.02.2025 Heard Ms. P Bhattacharjee, the learned counsel appearing on behalf of the petitioner. Ms. S Todi, the learned counsel appears on behalf of the respondent Nos.6 to 9 and Mr. D Chakrabarty, the learned counsel appears on behalf of the respondent Nos.1, 2, 3, 5, 15, 16 and 17. 2. The instant proceedings has been initiated challenging the order dated 08.07.2015 whereby the application filed by the petitioner to get him impleaded in Title Appeal No.30/2004 was rejected vide the impugned order dated 08.07.2015 passed by the learned Civil Judge No.2, Cachar, Silchar. Page No.# 4/4 3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner may be permitted to withdraw the instant petition without his rights being affected vis-à-vis his claim in respect to the property against the respondent Nos.6 to 9 who were the plaintiffs in Title Suit No.37/1991. 4. Taking into account the above, the instant revision petition stands closed on withdrawal. 5. It is observed that the withdrawal of the instant petition shall not affect the inter-se rights between the petitioner and the respondent Nos.6 to 9 in respect to the property. 6. It has been submitted that the learned First Appellate Court i.e. the Court of the learned Civil Judge No.2, Cachar at Silchar in view of the pendency of the instant proceedings have not proceeded with Title Appeal No.30/2004. In view of the withdrawal of the instant revision petition, the parties are directed to appear before the learned First Appellate Court on 10.03.2025. 7. The learned First Appellate Court shall expeditiously dispose of the said appeal preferably within 4(four) months from the date of appearance of the parties, taking into account that the eviction proceedings was initiated in the year 1991. JUDGE Comparing Assistant