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2026 DAILYLAW 12659 (GAU)

MRIDUL DEKA v. DHRUBAJYOTI DEKA

CRP(IO)/168/2026 · 2026-08-20

Parthivjyoti Saikia

Review Petitionbody2026

Judgment text

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Page No.# 1/2 GAHC010086782026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/168/2026 MRIDUL DEKA S/O LATE BANGSHIDHAR DEKA, R/O VILL- ALTA, P.O- BAIHATA, P.S- KAMALPUR, KAMRUP, ASSAM VERSUS DHRUBAJYOTI DEKA S/O UMESH CHANDRA DEKA, R/O H/NO- 9, MULAGABHARU PATH, HATIGOAN ROAD, P.O- DISPUR, P.S- DISPUR, GUWAHATI- 06, KAMRUP (METRO), ASSAM Advocate for the Petitioner : MR K BHUYAN, MS P BANIA,MR H A AHMED Advocate for the Respondent : MR N P BARUAH, MR B B DEKA BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 21.08.2026 Heard Mr. H A Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. N P Baruah, the learned counsel appearing for the sole respondent. 2. This application has been filed under Article 227 of the Constitution of India challenging the impugned order dated 26.03.2026 and the order dated 09.07.2025 Page No.# 2/2 passed by the learned Civil Judge (Senior Division), Kamrup, Amingaon in Title Suit No. 95/2018. 3. The petitioner is the defendant before the Trial Court. On 09.07.2025, the case aforementioned was posted on 01.09.2025 for hearing the arguments of the parties. 4. Thereafter, the defendants filed a Review Petition for review of the said order. The said Review Petition was also dismissed. 5. I have considered the submissions of the learned counsel of both sides. 6. This Court is of the opinion that the defendants should be given adequate opportunities to examine their witnesses. Therefore, the impugned order dated 26.03.2026 and the order dated 09.07.2025 passed by the learned Civil Judge (Senior Division), Kamrup, Amingaon in Title Suit No. 95/2018 are set aside. 7. The Trial Court shall provide adequate opportunities to the defendants to examine their witnesses. With the aforesaid direction, the Civil Revision Petition stands disposed of. JUDGE Comparing Assistant