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2025 DAILYLAW 7830 (GAU)

SMT KRISHNA SINGHA v. SRI PRADIP BARMAN

I.A.(Civil)/518/2025 · 2025-03-18

Robin Phukan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010034462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/518/2025 SMT KRISHNA SINGHA W/O LATE BISWAJIT SINGHA, RESIDENT OF VILLAGE BARSONGAON, MULAGAON, P.S. AND DISTRCIT BONGAIGAON, ASSAM, PIN 783380 2: SMT DEBLINA SINGHA D/O LATE BISWAJIT SINGHA RESIDENT OF VILLAGE BARSONGAON MULAGAON P.S. AND DISTRCIT BONGAIGAON ASSAM PIN 783380 3: SMT KRIPANJALI SINGHA D/O LATE BISWAJIT SINGHA RESIDENT OF VILLAGE BARSONGAON MULAGAON P.S. AND DISTRCIT BONGAIGAON ASSAM PIN 78338 VERSUS SRI PRADIP BARMAN S/O HAREN BARMAN, RESIDENT OF BAKHRAPARA PART I, NEAR LAKHI MANDIR, P.O. AND P.S. BONGAIGAON, ASSAM, PIN 783380 Advocate for the Petitioner : MS R SAHA, Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 19.03.2025 Heard Mr. B.J. Mukherjee, learned counsel for the applicants. Also heard Mr. N. Sarma, learned counsel for the opposite party. 2. This interlocutory application, under Order 13 Rule 9, read with Section 151 of the CPC, is preferred by the applicants for returning the original death certificate which is exhibited in the suit. 3. Mr. Mukherjee, learned counsel for the applicants submits that the applicants were the plaintiffs of Title Suit No. 27/2006 and the same was decreed, vide judgment and decree dated 10.07.2019, passed by the learned Munsiff, Bongaigaon and against the said judgment and decree, an appeal, being Title Appeal No. 1/2020, was preferred before the learned Civil Judge, Bongaigaon and the same was dismissed, vide judgment and decree dated 19.04.2011. Mr. Mukherjee further submits that against the judgment and decree dated 19.04.2011, one second appeal, being RSA No. 199/2011, has been preferred before this Court and the record of the learned trial Court is also available in the said second appeal, and that the original death certificate of Late Biswajit Singha was exhibited in the said title suit as Ext.10, and the said original document is required in connection with some land related matters and therefore, it is contended to release the aforementioned document by keeping a certified copy of the same on the record. 4. Mr. Sarma, learned counsel for the opposite party submits that he has no objection in releasing the aforesaid document in favour of the applicants. Page No.# 3/3 5. Taking note of the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to allow this application. It is provided that Registry shall release the death certificate (Ext.10) to the applicants keeping a certified copy of the same on the record. However, the applicants shall produce the same before this Court as and when directed. 6. In terms of above, this interlocutory application stands disposed of. JUDGE Comparing Assistant