Ramesh Roy and 2G Ors v. Raghunath Gowala and 3 Ors

ORDER Date : 04.03.2024

¶1The instant second appeal has been filed challenging the judgment and decree dated 20.09.2010 passed by the learned Civil Judge, Hailakandi in Title Appeal No.5/2007 whereby the said appeal was dismissed thereby confirming the judgment and decree dated 18.12.2006 passed by the Court of the Civil Judge (Junior Division) No.2 Hailakandi in Title Suit No.72/1999.

¶2It is relevant to take note of that the suit was filed by one Raghunath Goala who was the plaintiff. The said suit was decreed during the lifetime of Page No.# 2/2 Raghunath Goala by the judgment and decree dated 18.12.2006. Thereupon, the appellants herein being aggrieved have preferred an appeal before the Court of the Civil Judge, Hailakandi which was registered and numbered as Title Appeal No.5/2007.

¶3The record further reveals and more particularly from a decree which have been enclosed to the memo of appeal shows that during the pendency of the said appeal, the legal representatives of Raghunath Goala (expired) were duly substituted. Pursuant thereto, the appeal which was filed was dismissed by the judgment and decree dated 20.09.2010. The appellants herein thereupon did not file any appeal against the legal representatives of Late Raghunath Goala rather filed an appeal in the year 2010 against Late Raghunath Goala who was long dead at the time of the said appeal.

¶4Taking into account that the appeal was not directed against the legal representatives who were already brought on record before the First Appellate Court, the judgment and decree dated 20.09.2010 passed in Title Appeal No.5/2007 had attained finality and the same cannot now be disturbed after a lapse of more than 14 years. Moreover, as the appeal has been filed against the dead person, the instant appeal is not maintainable. Consequently, the instant second appeal stands dismissed. However, in peculiar facts of the instant case, this Court is not inclined to impose any costs.

¶5Interim order passed, if any, stands vacated.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010009032010 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RSA/300/2010 RAMESH ROY and 2G ORS VERSUS RAGHUNATH GOWALA and 3 ORS For the Petitioner(s) : Mr. F. K. R. Ahmed, Advocate For the Respondent(s) : Mr. S. P. Choudhury, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH