Page No.# 1/3 GAHC010021922025 2025:GAU-AS:6170 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/61/2025 SANTOSH MORE S/O LATE NAGARMAL MORE, R/O VILL- KHUTIKATIA, HAIBORGAON, MOUZA- TOWN, P.O.- HAIBORGAON, P.S.- NAGAON SADAR, DIST- NAGAON, ASSAM, PIN-782002 VERSUS SOBHARAM NATH AND 3 ORS. S/O LATE SANDHI NATH, R/O VILL- CHAMUAGAON, MOUZA- HATICHUNG, P.O. AND P.S.- JAJORI, DIST- NAGAON, ASSAM, PIN-782142 2:BIPIN NATH S/O LATE SANDHI NATH R/O VILL- CHAMUAGAON MOUZA- HATICHUNG P.O. AND P.S.- JAJORI DIST- NAGAON ASSAM PIN-782142 3:PRADIP NATH S/O LATE SANDHI NATH R/O VILL- CHAMUAGAON MOUZA- HATICHUNG P.O. AND P.S.- JAJORI DIST- NAGAON ASSAM PIN-782142 4:PHATIK NATH S/O LATE SANDHI NATH R/O VILL- CHAMUAGAON Page No.# 2/3 MOUZA- HATICHUNG P.O. AND P.S.- JAJORI DIST- NAGAON ASSAM PIN-78214 For the Petitioner(s) : Mr. S.I. Akand, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 16.05.2025 Mr. S.I. Akand, the learned counsel appearing on behalf of the petitioner submitted that taking into account that neither the plaint nor the written statement has been enclosed to the instant petition, he may be permitted to withdraw the instant petition with a liberty to re-file. 2. This Court has duly taken note of that vide the instant proceedings under Article 227 of the Constitution of India a challenge has been made to the order dated 02.09.2024 in Title Suit No. 35/2010. 3. Taking into account the above, liberty is given to the petitioner to file a fresh petition within 7 (seven) days from today, failing which there shall be no liberty. 4. It is further observed that filing of a fresh petition before this Court would not amount to any stay to the proceedings before the learned Trial Court, unless there is an order of stay by this Court. 5. In view of the above, the instant petition stands closed on Page No.# 3/3 withdrawal. Withdrawal is allowed with liberty subject to filing the application within 7 (seven) days. JUDGE Comparing Assistant