Sri Uttam Singh v. Smti. Binu Bania and 3 Ors

ORDER Date : 20.06.2024

This is an appeal filed against an order dated 21.12.2018 passed in Misc. Appeal Case No.03/2018 whereby the application under Order IX rule 13 of the Code of Civil Procedure, 1908 (for short "the Code") which was dismissed by the learned Trial Court was allowed.

¶2Taking into account the provisions of Section 104(2) the Code which stipulates that no appeal shall lie against an order passed in an appeal which have already been preferred under Section 104 of the Code, this Court is of the opinion that the instant appeal is not maintainable for which the instant appeal stands dismissed.

¶3The interim order dated 01.04.2019 passed in I.A.(Civil) No.1040/2019 stands vacated.

¶4This Court further directs the learned Trial Court i.e. the Court of the learned Civil Judge, Sonitpur at Tezpur to proceed with the disposal of Title Suit No.8/2016 in terms with the directions so passed by the learned First Appellate Court in its order dated 21.12.2018 in Misc. Appeal Case No.03/2018.

¶5As both the parties are duly represented, they are directed to appear Page No.# 3/3 before the learned Court below on 29.07.2024.

¶6The Registry shall forthwith return the LCR to the learned First Trial Court i.e. the Court of the learned Civil Judge, Sonitpur at Tezpur so that on the next date so fixed by this Court, the said records are available. In that regard, the Registry shall also employ the service of a special messenger.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010024422019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oSAO/2/2019o SRIoUTTAMoSINGHo S/O-oSRIoTRIBHUBANoSINGHo R/O-oVILL.-oVITORoPARUA,oP.O.-oNIKAMUL,oP.S.oTEZPUR,oDIST.-oSONITPUR,o ASSAM VERSUSo SMTI.oBINUoBANIAoANDo3oORS.o W/O-oLATEoBABULIoBANIAo R/O-oVILL.-oHARIGAON,oMOUZA-oHOLESWAR,oP.S.oTEZPUR,oDIST.-o SONITPUR,oASSAM 2:SRIoDHRUBAJYOTIoBANIA oS/O-oLATEoBABULIoBANIAo R/O-oVILL.-oHARIGAON oMOUZA-oHOLESWAR oP.S.oTEZPUR oDIST.-oSONITPUR oASSAM 3:SRIoSUJIToBANIA oS/O-oLATEoBABULIoBANIAo R/O-oVILL.-oMAHANAGARoPATHo(LALMATI) oP.O.oBASISTHA oGUWAHATI-o781029 oASSAM 4:SRIoSUBHASoBANIA oS/O-oLATEoBABULIoBANIAo R/O-oVILL.-oMAHANAGARoPATHo(LALMATI) oP.O.oBASISTHA oGUWAHATI-o781029 Page No.# 2/3 ASSA Advocate for the Petitioner : MR. P SUNDI Advocate for the Respondent : MR G CHOUDHURY (R1-R4) BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH