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2025 DAILYLAW 27174 (GAU)

SRI GURHARPRIT SINGH v. ALI AHMED AND 4 ORS

Tr.P.(Crl.)/491/2025 · 2025-11-30

Parthivjyoti Saikia

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010263162025 2025:GAU-AS:16343 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/491/2025 SRI GURHARPRIT SINGH SON OF SRI PAL SINGH RESIDENT OF WARD NO 13 JYOTI NAGAR, NORTH BONGAIGAON, PO., PS. AND DIST BONGAIGAON, ASSAM, PIN 783380 VERSUS ALI AHMED AND 4 ORS SON OF LATE HUSSAIN ALI, RESIDENT OF NO 1 NACHANGURI, PO GORAIMARI PS AND DIST BONGAIGAON, ASSAM PIN 783390 2:ASMAT ALI SON OF MD KACHER ALI RESIDENT OF NO. 1 NACHANGURI PO GORAIMARI PS AND DIST BONGAIGAON ASSAM PIN 783390 3:SUKUR ALI SON MD KACHER ALI RESIDENT OF NO 1 NACHANGURI PO GORAIMARI PS AND DIST BONGAIGAON ASSAM PIN 783390 4:SRI SHUKJINDER SINGH SON OF SRI PAL SINGH CO SRI PRITPAL SINGH GURU NANAK NAGAR NORTH BONGAIGAON PO AND DIST BONGAIGAON ASSAM 5:SRI PAL SINGH SON OF LATE MANGAL CHANDRA SINGH WARD NO 13 JYOTI NAGAR NORTH BONGAIGAON PO PS AND DIST BONGAIGAON ASSAM PIN 78338 Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA Advocate for the Respondent : , Page No.# 2/2 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 01.12.2025 Heard Mr. B.J. Mukherjee, the learned counsel appearing for the petitioner. 2. This application has been filed under Section 227 of the Constitution of India challenging the order dated 26.03.2025 passed by the learned Civil Judge (Sr. Division), Bongaigaon in T.S. No.04/2021. 3. The petitioner being the plaintiff had taken more than 5 adjournments. Therefore, the trial court closed hearing of the prosecution evidence. The evidence of 2 plaintiff’s side witnesses were also expunged. 4. I have considered the submissions made by Mr. Mukherjee. 5. There is nothing wrong in the impugned order. However, for the ends of justice, this Court has given one last opportunity to the plaintiff to stand cross-examination by the defendants subject to payment of cost of ₹5,000/-. 6. The petitioner shall produce his witnesses on 3rd December, 2025 before the trial court and also pay the cost of ₹5,000/-. On payment of cost, the defendant of the case shall have the liberty to cross-examine PW-1 and PW-2. After cross-examination of the PW-1 and PW-2, the trial court shall proceed to dispose of the case in accordance with the provision as laid down by law. JUDGE Comparing Assistant