Mita Bhattacharjee and 4 Ors v. Sathi Dey Choudhury and Anr

ORDER

20.03.2024

Page No.# 3/3 This is an application filed by the respondent as applicant seeking recalling of the order dated 18.01.2023 passed in IA(C)No.122/2023, inasmuch as, the said order was passed by bypassing the Caveat dated 22.11.2022. This Court has duly perused the order dated 18.01.2023 passed in IA(C)No.122/2023. It is also seen that the said application being IA(C)No.122/2023 was filed on

09.01.2023. Under such circumstances, when there was a caveat lodged, the Registry ought to have pointed out the said aspect of the matter. Be that as it may, this Court has also perused the order dated 18.01.2023 wherein it has been mentioned that till the returnable date, the execution of the impugned judgment and decree dated 09.11.2022 passed in Title Appeal No.5/2020 by the Court of the learned Additional District Judge No.3, Kamrup(M) Guwahati shall remain stayed. Thereupon, the matter came up on

06.12.2023 as could be seen from the records of the regular second appeal as well as the instant application. The said order dated 18.01.2023 thereupon was not extended, meaning thereby, there is no further stay in respect to the judgment and decree dated

09.11.2022 passed in Title Appeal No.5/2020. Under such circumstances, the instant application has become infructuous for which the same stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010268502022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o kI.A.(Civil)/2444/2023 MITAoBHATTACHARJEEoANDo4oORS. W/OoDIPANKARoBHATTACHARJEE o R/OoBHOLANATHoMANDIRoPATH oULUBARI oGUWAHATI-o781007 oDIST.-oKAMRUPo(M) oASSAM. 2:oUSHAoPURKAYASTHA W/OoBENUoMADHAVoPURKAYASTHA o R/OoCOLONYoBAZAR oKAHILIPARA oGUWAHATI-o781018 oDIST.-oKAMRUPo(M) oASSAM. o3:oDIPANJALIoDEKA W/OoDINESHoDEKA o R/OoUDALBAKRA oNIRJAoPATH oLALGANESH oGUWAHATI-o34 oDIST.-oKAMRUPo(M) oASSAM. o4:oNIKHILESHoPAUL S/OoLATEoSUBALoKRISHNAoPAUL o R/OoUDALBAKRA oNIRJAoPATH Page No.# 2/3 LALGANESH GUWAHATI- 34 DIST.- KAMRUP (M) ASSAM. 5: SADHAN PAUL S/O LATE SUBAL KRISHNA PAUL R/O UDALBAKRA NIRJA PATH LALGANESH GUWAHATI- 34 DIST.- KAMRUP (M) ASSAM. VERSUS SATHI DEY CHOUDHURY AND ANR W/O JAYANTA DEY CHOUDHURY R/O HOUSE NO. 28 B.K. KAKATI ROAD ULUBARI GUWAHATI- 781007 IN THE DISTRICT OF KAMRUP (M) ASSAM. 2:JOYDEEP DEY CHOUDHURY S/O JAYANTA DEY CHOUDHURY R/O HOUSE NO. 28 B.K. KAKATI ROAD ULUBARI GUWAHATI- 781007 IN THE DISTRICT OF KAMRUP (M) ASSAM. ------------ Advocate for : MR. N BHARALI Advocate for : MR. S BISWAS appearing for SATHI DEY CHOUDHURY AND ANR BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH