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2025 DAILYLAW 4693 (GAU)

Tojo Karga (IPS) v. Smti Tumyir Karga

IA(C)/172/2025 · 2025-07-03

Kardak Ete

body2025

Judgment text

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Page No.# 1/3 GAHC040010682025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/172/2025 Tojo Karga (IPS) Son of Late Tumto Karga, a permanent resident of Karga Village, PO and PS Kamba, West Siang District, Arunachal Pradesh. VERSUS Smti Tumyir Karga Wife of Late Tumto Karga, a permanent resident of Karga Village, PO and PS Kamba, West Siang District, Arunachal Pradesh. Advocate for the Petitioner : Kirmani Lollen, Advocate for the Respondent : , -BEFORE- HON’BLE MR. JUSTICE KARDAK ETE 04.07.2025 ORDER Heard Mr. G. Kato, learned counsel for the applicant/ petitioner. 2. By filing this application, the applicant/ petitioner has prayed for recalling of the order dated 25.04.2025 passed by this Court whereby the interim order passed on 21.02.2025 has been recalled in view of non- representation of the petitioner on call. Page No.# 2/3 3. This Court on 21.02.2025 while issuing notice had stayed the Judgment and Order dated 11.02.2025 passed in Execution Case No.01/2024 (SA Case No.100/2023) by the learned District Judge, Aalo, West Siang District, Arunachal Pradesh. 4. Considered the contention of the learned counsel for the applicant/ petitioner. 5. On the date, when the matter was listed i.e. 25.04.2025, there was no representation on behalf of the applicant/ petitioner. Accordingly, the interim order passed on 21.02.2025 passed in CRP 12 (AP) 2025 was recalled. 6. Mr. G. Kato, learned counsel for the applicant submits that he being a counsel for the applicant/ petitioner could not appear before this Court on account of his ill health, therefore, he submits that the order dated 25.04.2025 may be recalled and the interim order passed on 21.02.2025 may be allowed to be continued. 7. Having considered that the learned counsel for the applicant/ petitioner could not appear when the matter was listed on 25.04.2025 due to his health problem, I deem it appropriate to allow this application as the litigant should not be allowed to suffer due to the fault of the counsel. Moreso, learned counsel for the applicant/ petitioner appears to have been in-disposed when the matter was listed due to his ill health. 8. In view of the above, the order dated 25.04.2025 recalling the interim order dated 21.02.2025 stands recalled. 9. Accordingly, the interim order dated 21.02.2025 is allowed to be continued. Page No.# 3/3 Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant