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2025 DAILYLAW 5102 (GAU)

Tapang Taloh and Anr v. Topden Puning

MC[RFA]/1/2024 · 2025-04-29

Arun Dev Choudhury

body2025

Judgment text

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Page No.# 1/2 GAHC040018342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : MC[RFA]/1/2024 Tapang Taloh and Anr Son of Late Tagi Taloh, resident of Pangin Town, PO and PS Siang, District Siang, Arunachal Pradesh 791102 2: Tanga Byaling Age: Occupation : Son of Late Tayo Byaling resident of Bank Tinali Itanagar PO and PS Itanagar Papumpare District Arunachal Prades VERSUS Topden Puning Son of Shri Tako Puning, resident of Gumin Nagar, C/o Amoni Diru near Jarkong Village, PO and PS Pasighat, East Siang District, Arunachal Pradesh Advocate for the Petitioner : Lentsothe Sangtam, M Hussain,A Sarma Advocate for the Respondent : Karyom Dabi, Rimo Riba -BEFORE- HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 30.04.2025 This is an application for restoration of RFA 03 (AP) 2024 by recalling an order dated 09.12.2024, by which, the aforesaid RFA 03 (AP) Page No.# 2/2 2024 was dismissed for non-prosecution. None appears to object the present application nor any objection has been filed. It is contended by the learned counsel for the petitioner that both the Advocates on records are out-stationed counsel and are from Guwahati. As no specific date was fixed on the first day, when the appeal was admitted, they were not aware of the next date when the matter was dismissed. It is seen that the grounds taken are due to the inadvertent mistake on the part of the learned counsel for the petitioners. Considering the explanation and also considering that no objection has been filed, this Court is of the considered view that the grounds shown in the application are sufficient to recall the order dated 09.12.2024. Accordingly, the order dated 09.12.2024 passed in RFA 03 (AP) 2024 is hereby recalled. Registry to restore the regular first appeal No. 03 (AP) 2024 with original file and list the matter for hearing on 15.05.2025. Misc. case stands disposed of. JUDGE Comparing Assistant