Page No.# 1/3 GAHC010184892024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/335/2024 LIPIKA CHALIHA AND ANR W/O- LATE AJOY MADHAB CHALIHA 2: POONAM CHALIHA W/O- LATE ANNANYA MADHAB CHALIHA BOTH ARE R/O- WARD NO-6 G.F ROAD BENGENAKHOWA P.O- GOLAGHAT ASSA VERSUS CHITRALEKHA CHALIHA AND 2 ORS W/O- LATE APURBA MADHAB CHALIHA, REP. BY HER ATTORNEY LEONA CHALIHA 2:ANGITA CHALIHA D/O- LATE APURBA MADHAB CHALIHA REP. BY HER ATTORNEY LEONA CHALIHA 3:LEONA CHALIHA D/O-APURBA MADHAB CHALIHA R/O- 402 APURBA BEAUTY APARTMENT SEWALI PATH P.O- HATIGAON GUWAHATI Page No.# 2/3 DIST- KAMRUP (M) ASSAM PIN-78103 Advocate for the Petitioner : MR. D CHOUDHURY, MR. R K SARMA,MR J DAS,MR T CHAKRABORTY Advocate for the Respondent : MR. A K SAHEWALLA (R-1 TO 3), MR D GOSWAMI(R-1 TO 3),MR. W SHARMA(R-1 TO 3) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 31.10.2025 1. Heard Mr. T. Chakraborty, the learned counsel for the petitioner. Also heard Mr. A. Sahewalla, the learned counsel for respondent Nos. 1, 2 and 3. 2. The learned counsel for the respondent has submitted that this application filed by the petitioner, by which he has impugned the order dated 16.08.2024 passed in Misc. (J) Case No. 37/2023 arising out of Title Suit No. 12/2022 by which the Trial Court had allowed the prayer of the present respondent by appointing an Commissioner to make a local inspection in respect of the suit land and submit a report there on. 3. The learned counsel for the respondent submits that he has been instructed by the respondent not to oppose the prayer of the present petitioner, as the present respondent does not have any objection even if the impugned order is set aside and the order of issuance of commission under Order 26 of the Code of Civil Procedure is revoked. 4. I have heard the learned counsel for both sides and considered their submissions in view of the fact that the present respondent is not opposing the impugned order, this Court is not inclined to go into merits of the impugned Page No.# 3/3 order passed by the Trial Court, however, as the learned counsel for the respondent has sought a liberty from this Court to file an application before the Trial Court indicating that they are not pressing for appointment of commissioner as directed by the impugned order, this Civil Revision Petition is disposed of with an observation that if an application is filed by the present respondent, who is the plaintiff in Title Suit No. 12/2022 before the next date fixed i.e., 15.11.2025 indicating that he is not pressing for issuance of commission in pursuant to the impugned order, the Trial Court shall not insist on compliance of the aforesaid order. 5. This Civil Revision Petition is accordingly, disposed of. JUDGE Comparing Assistant