Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 27990 (GAU)

NEELAM OSWAL (JAIN) v. RAJ KUMAR KEJRIWAL AND ANR.

I.A.(Civil)/3673/2023 · 2025-11-18

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010274782023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3673/2023 NEELAM OSWAL (JAIN) (ACTUAL NAME IS SMT NEELAM CHANDALIA), W/O- LATE DIPAK CHANDALIA (JAIN), R/O- KRISHNA MARKET, H.B. ROAD, FANCY BAZAR, GUWAHATI-781007, DIST. KAMRUP(M), ASSAM VERSUS RAJ KUMAR KEJRIWAL AND ANR. S/O- LATE SATYA NARAYAN KEJRIWAL, R/O- LOWER TRP ROAD, FANCY BAZAR, GUWAHATI-781001, DIST. KAMRUP(M), ASSAM 2:SOBHA DEVI KHAKOLIA W/O- SHRI RAM GOPAL KHAKOLIA R/O- HEM BARUA ROAD FANCY BAZAR GUWAHATI-781001 DIST. KAMRUP(M) ASSA Advocate for the Petitioner : MR. A SATTAR, MR R K MOUR,MR P DAS Advocate for the Respondent : MR K JAIN (R-1,2), MR. N ALAM (R-1,2) in CRP(IO) Case No. 14821/2023 with CRP(IO) Case No. 14821/2023 (Filing Number) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA Page No.# 2/3 ORDER 19.11.2025 1. Heard Mr. R.K. Mour, the learned counsel for the applicant. Also heard Mr. N. Alam, the learned counsel for the respondent Nos. 1 and 2. 2. The learned counsel for the applicant has submitted that though the applicant has filed this instant application for condoning the delay of 104 days, however, he submits that since the connected CRP (IO) has been filed under Article 227 of the Constitution of India for which no period of limitation has been prescribed by any law. 3. In support of his submissions, he has cited a ruling of the Apex Court in the case of “Bithika Mazumdar And Another Vs. Sagar Pal And Others” reported in “(2017) 2 SCC 748.” 4. Hence, he prays for allowing the applicant to withdraw this instant interlocutory application and also prays for a direction in the connected CRP (IO). 5. The prayer is allowed. 6. This interlocutory application (civil) is accordingly disposed of. 7. The Registry is directed to register the connected CRP (IO) and list the same in motion column after a week, on a date to be fixed by the Registry. JUDGE Page No.# 3/3 Comparing Assistant