ON THE DEATH OF PURNA CH. SANGMA, His legal heirs v. PARMESWARI SANGMA AND ANR.
CRP(IO)/45/2022 · 2025-02-13
Devashis Baruah
body2025
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[ 2025 DAILYLAW 8523 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8523 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010044222022
2025:GAU-AS:1552
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/45/2022 ON THE DEATH OF PURNA CH. SANGMA, His legal heirs S/O- LATE FATIK DAS SUBEDAR, R/O- CHATRIBARI, GUWAHATI, DIST.- KAMRUP(M), ASSAM, PIN- 781008. 1.1: Momota Sangma W/O - Late Purna Ch. Sangma
R/O - Chatribari Guwahati Dist - Kamrup(M) Assam Pin - 781008 1.2: Uddipana Sangma D/O - Late Purna Ch. Sangma
R/O - Chatribari Guwahati Dist - Kamrup(M) Assam Pin - 781008 1.3: Sudarshana Sangma D/O - Late Purna Ch. Sangma
R/O - Chatribari Guwahati Dist - Kamrup(M) Assam Pin - 78100 VERSUS PARMESWARI SANGMA AND ANR. Page No.# 2/4 D/O- LATE FATIK DAS SUBEDAR, R/O- CHATRIBARI, K.C. DAS ROAD, GUWAHATI, DIST.- KAMRUP(M), ASSAM, PIN- 781008. 2:NAGESWAR KUMAR S/O- RAMDEV ROY R/O- CHATRIBARI K.C. DAS ROAD GUWAHATI DIST.- KAMRUP(M) ASSAM PIN- 781008 For the petitioner (s) : Mr. A. Bhatra, Advocate
For the respondent (s) : XXXX
BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R
14.02.2025
Heard Mr. A. Bhatra, the learned counsel appearing on behalf of the petitioners. 2. The instant petition has been filed challenging the order dated 22.12.2021 passed by the learned Munsiff No.3, Kamrup (M) at Guwahati in Misc.(J) Case No.347/2021 arising out of the Title Suit No.165/2014 as well as the order dated 09.02.2022 passed by the learned Munsiff No.3, Kamrup (M) at Guwahati in Misc.(J) Case No.348/2021 arising out of Title Suit No.165/2017. 3. This Court has perused both the orders dated 22.12.2021 wherein it is seen that the learned Trial Court had fixed the Misc. Page No.# 3/4 (J) Case No.347/2021 for hearing on 09.02.2022. On 09.02.2022, the petitioners herein had filed an application under Section 151 of the Code of Civil Procedure, 1908 to direct the local police to ensure that no further act of trespass is made. On the said application, the learned Court below had fixed 15.03.2022 for filing of written objection. It is against fixing the matter for hearing and filing of objection on 15.03.2022, the petitioners have approached this Court by filing the instant petition on
03.03.2022. 4. In the opinion of this Court, the question of exercising any supervisory jurisdiction in respect to a matter which is presently pending before the learned Trial Court does not arise.
It is further observed that the said orders do not appear to be in any manner in conflict with any law or there is any error in exercise of jurisdiction. 5. Mr. A. Bhatra, the learned counsel for the petitioners however submits that in view of the pendency of the instant proceedings, the learned Trial Court has not proceeded with the disposal of Misc.(J) Case No.347/2021 and Misc. (J) Case No.348/2021. 6. It is the opinion of this Court that the said proceedings being Misc.(J) Case No.347/2021 and Misc.(J) Case No.348/2021
Page No.# 4/4 are applications seeking for certain urgent reliefs. It is observed that the learned Trial Court, upon production of a certified copy of this order, shall proceed with the disposal of both the miscellaneous applications at the earliest and preferably within two months from the date a certified copy of the instant order is produced before the learned Trial Court. 7. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant