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2026 DAILYLAW 446 (GAU)

KISHORI DEVI SAHARIA v. SMT GOMWATI DEVI KEJRIWAL AND 6 ORS

CRP(IO)/514/2025 · 2026-01-20

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010260442025 2026:GAU-AS:696 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/514/2025 KISHORI DEVI SAHARIA W/O SRI KEDARNATH SAHARIA, R/O SEUJPUR, DIBRUGARH TOWN, P.O., P.S. AND DIST. DIBRUGARH, ASSAM, PRESENTLY RESIDING AT 17, BALLYGUNJ PARK ROAD, FLAT NO. 1-5, 1ST FLOOR, KOLKATA 700019 VERSUS SMT GOMWATI DEVI KEJRIWAL AND 6 ORS W/O 2:VINAY KEJRIWAL S/O 3:SANTOSH KEJRIWAL S/O 4:SMT. SARITA CHOWDHURY D/O 5:SUDHA BIRMIWAL D/O 6:SMT ASHA KEJRIWAL D/O 7:ST. SANJANA KHAITAN C/O LATE AUSHADI PATI DUTA C/O KEJRIWAL BROTHERS (REGD.) R.K.B. PATH DIBRUGARH TOWN P.O. Page No.# 2/3 P.S. AND DIST. DIBRUGARH ASSAM PI Advocate for the Petitioner : MR C GOGOI, MR A BORUAH,MR G K DEKA Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21-01-2026 Heard Mr. C. Gogoi, the learned counsel for the petitioner. 2. This is an application u/s 227 of the Constitution of India against the order dated 11.09.2025 passed by the learned Civil Judge (Sr. Div.), Dibrugarh in T.S. 97/2022 whereby the learned Court has granted further adjournment in favour of the defendant and fixed the matter on 10.12.2025 for arguments. 3. It is further submitted by Mr. Gogoi that the case was fixed for argument on 11.01.2023 and since then the matter has been fixed for arguments. However, the plaintiff/ the petitioner side has completed their argument on 09.11.2023 and the matter is fixed for argument for the defendant side. But, till date the defendant is not proceeding with the argument and there are sufficient adjournments sought by the defendant which were allowed by the learned Trial Court below. 4. Mr. Gogoi further submitted that on the last occasion i.e. on 10.12.2025 the Presiding Officer was absent and the matter was again posted on 26.02.2026 for argument and accordingly submitted that since from the year 2023 the matter is Page No.# 3/3 fixed for argument. But, till date the defendant has not completed their part of argument and several adjournments have been prayed which were accordingly allowed by the learned Trial Court below. Mr. Gogoi accordingly submitted that a direction may be given to the learned Civil Judge (Sr. Div.), Dibrugarh to hear the matter on 22.06.2026 without granting any further adjournment. 5. After hearing the learned counsel for the petitioner, I have also perused the case records and the annexures filed along with the petitions, especially the Order Sheets. From the perusal of the Order Sheets it is seen that the case was fixed on 24.02.2023 for argument vide its order dated 11.01.2023 and since then the matter has been fixed for argument. It also reveals that on 09.11.2023 the plaintiff/the petitioner had already completed their part of argument and since then the matter is fixed only for the argument of the defendant/ the respondent side. From the orders it also reveals that on several occasions adjournment was granted by the learned Trial Court below and the case is pending for more than 3 years at the stage of argument. 6. In view of this, the learned Civil Judge (Sr. Div.), Dibrugarh is hereby directed to hear the matter on the next date of listing i.e. on 26.02.2026 without further adjournment and also make an endeavour to dispose of the matter within a reasonable period. 7. With the above observations, the present civil revision petition stands disposed of at the motion stage itself. JUDGE Comparing Assistant