Pratap Chandra Medhi and 3 Ors v. Ek Saran Bhagwati Samaj and Anr (E)

ORDER Date : 22.03.2024

¶1This is an application under Article 227 of the Constitution challenging the order dated 08.01.2024 passed in Misc.(J) Case No.572/2023 by the Court of the Civil Judge, (Senior Division) No.1, Kamrup (M) at Guwahati.

¶2It is the case of the Petitioners that an application under Order XXIX Rule 2A of the Code of Civil Procedure, 1908 was filed by the Plaintiffs and the Petitioners herein who are the Respondents in the said application wanted to file an objection to the said application. It has been submitted by the learned counsel for the Petitioners that on account of a challenge being made to the injunction proceedings, the records of the proceeding were called for before the First Appellate Court. The First Appellate Court thereupon after disposal of the said appeal returned the records. Under such circumstances, the Respondents in the said application could not get an opportunity to file their reply.

¶3This Court has also heard the learned counsel for the Plaintiffs/Respondents herein who submitted that he has no objection if the Petitioners are permitted to file an objection however he submitted that the Petitioners cannot further delay in filing the said objections.

¶4Taking into account the above, this Court interferes with the order dated

08.01.2024 and grants the liberty to the Petitioners herein who are the Respondents in Misc.(J) Case No.572/2023 to file their objection.

¶5The interim order dated 29.01.2024 passed by this Court stands vacated and the parties are hereby directed to appear before the learned Trial Court on Page No.# 4/4

10.04.2024 and on that date, the Petitioners herein who are Respondents in Misc. (J) Case No.572/2023 shall file their objections without fail.

¶6With above observations and directions, the instant revision petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010015132024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/34/2024o PRATAPoCHANDRAoMEDHIoANDo3oORSo CHAIRMAN,o EKoSARANoBHAGAWATIoSAMAJ,oASSAM,oCENTRALoOFFICERoCUMo VCENTRALoPALNAMoTHANoNIZoSILAoBONDHAoKOLIYABORo,oNOWGONG,o ASSAM,oPIN-782137 2:oDEHESWARoBORAH oACHARYAo o EKoSARANoBHAGAWATIoSAMAJoASSAM o MAHAPURIYAoPALNAMoTHAN o RONGBONGoPHATAR oNANADPURoGAON o P.O-oKANAIGHAT oGOLAGHAT oASSAM o-875699 3:oBALIRAMoDAS oUPACHARYA o o EKoSARANoBHAGAWATIoSAMAJoASSAM oBEBEJIAo oPALNAMoTHAN o o BEBEJIA oNOWGONG oASSAM o-782142 Page No.# 2/4 4: KESAB NATH AUTHORIZED REP. OF KRISHNA NAGAR NAMGHAR EK SARAN BHAGAWATI SAMAJ ASSAM KAHILIPARA GUWAHATI DIST- KAMRUP (M) ASSAM PIN-78101 VERSUS EK SARAN BHAGWATI SAMAJ AND ANR (E) ASSAM, REP HEREIN BY ITS PRINCIPAL SECRETARY, SRI JYOTI PRASAD DAS, AGED 53, ADDRESS- OFFICE OF THE EK SARAN BHAGAWATI SAMAJ, ASSAM, ASTAPRAHAR PALNAM THAN, P.O- JALUGUTI, P.S- MIKIRBHETA, DIST- MORIGAON, ASSAM, PIN-782104 2:CENTRAL EXECUTIVE COMMITTEE OF THE EK SARAN BHAGAWATI SAMAJ ASSAM REP. HEREIN BY ITS UPACHARYA SRI DHARMESWAR DAS OFFICE ADDRESS- OFFICE OF THE EK SARAN BHAGAWATI SAMAJ ASSAM ASTAPRAHAR PALNAM THAN P.O- JALUGUTI P.S- MIKIRBHETA DIST- MORIGAON ASSAM PIN-78210 For the Applicant(s) : Mr. J. Sharma, Advocate For the Respondent(s) : Mr. A. N. Sharma, Advocate Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH