On the Death of Mahabir Chand Parakh, His Legal Heirs- v. Smti. Lakhi Borkotoki and Anr

O R D E R

24.06.2024

The instant petition has been filed under Article 227 of the Constitution being aggrieved by the action on the part of the Court of the Munsiff No.1, Morigaon in not accepting the petition so filed under Section 151 of the Code of Civil Procedure, 1908 (for shot, 'the Code') for certain urgent reliefs.

¶2Be that as it may, this Court has duly taken note of the petition filed Page No.# 3/4 under Section 151 of the Code which has been enclosed to the instant proceedings as Annexure-5.

¶3From a perusal of the said application, it reveals that the relief which has been sought for is parimateria to the relief which has been also sought for in the injunction application which has already been registered as Misc.(J) Case No.52/2023. It has also been submitted by Mr. B. Kaushik, the learned counsel appearing on behalf of the respondents herein that against the injunction application, objection has been duly filed and it is only on account of the pendency of the instant proceedings, no hearing has been taken place in the said injunction application.

¶4It has also been brought to the attention of this Court that during the pendency of the instant proceedings, the plaintiff No.1 had expired. Be that as it may, it is seen that the plaintiff No.1 has already been substituted in the instant proceedings vide the order dated 01.05.2024. Under such circumstances, this Court permits the petitioners herein to file an application for substituting themselves against the name of the plaintiff No.1 in Title Suit No.77/2023 and taking into account that in the instant proceedings, the petitioners herein have already been substituted and as such there would have no further requirement for filing any application for setting aside abatement or for that matter, condonation of delay.

¶5Mr. D. C. C. Phukan, the learned counsel for the petitioners submits that the said application would be filed by 01.07.2024.

¶6Under such circumstances, this Court fixes the matter before the learned Trial Court on 01.07.2024 on which date the petitioners herein would be able to file an application for their substitution against the Page No.# 4/4 plaintiff No.1. Post the substitution being carried out, which needs to be carried out on urgent basis, the learned Trial Court shall proceed with the adjudication of Misc. (J) Case No.52/2023 in accordance with law.

¶7In view of the above, the instant petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010172012023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/253/2023o ONoTHEoDEATHoOFoMAHABIRoCHANDoPARAKH,oHISoLEGALoHEIRS-o S/OoLATEoBHATMALoPARAKH,oNEWoMAHABIRoSTORE,oMORIGAONoTOWNo CHARIALI,oP.O.oANDoP.S.-MORIGAON,oDIST-MORIGAON,oASSAM,oPIN- 782105 1.1:oSMT.oCHANCHALoDEVIoPARAKHo@oCHANCHALoDEVIoPAREKH oW/OoLATEoMAHAVIRoCHANDoPARAKHo@oMAHAVEERoCHANDo@o MAHAVEERoPRASAD.o RESIDENToOFoJAINoCHOWK oNOKHA oP.O.oANDoP.S.oNOUKHA oDISTRICT-oBIKANER oRAJASTHAN.oPIN-o334001. 1.2:oSRIoMOOLoCHANDoPARAKH oS/OoLATEoMAHAVEERoCHANDo@oMAHAVEERoPRASAD.o RESIDENToOFoJAINoCHOWK oNOKHA oP.O.oANDoP.S.oNOUKHA oDISTRICT-oBIKANER oRAJASTHAN.oPIN-o334001. 1.3:oSRIoLALoCHANDoPARAKH oS/OoLATEoMAHAVEERoCHANDo@oMAHAVEERoPRASAD.o RESIDENToOFoJAINoCHOWK oNOKHA oP.O.oANDoP.S.oNOUKHA oDISTRICT-oBIKANER oRAJASTHAN.oPIN-o334001. 1.4:oSMTI.oSUNITAoMAROTHI oW/OoSRIoPRADEEPoMAROTHI.oDAUGHTERoOFoLATEoMAHAVEERoCHANDo @oMAHAVEERoPRASAD.o RESIDENToOFoWILLSONoGARDEN Page No.# 2/4 BANGALORE P.O. AND P.S. BANGALORE. 2: ARUN KUMAR PARAKH S/O SRI JHANWARLAL PARAKH NEW MAHABIR STORE MORIGAON TOWN CHARIALI P.O. AND P.S.-MORIGAON DIST-MORIGAON ASSAM PIN-78210 VERSUS SMTI. LAKHI BORKOTOKI AND ANR W/O LATE KHITIS CHANDRA BORKOTOKI, R/O ROJA GAON, MORIGAON TOWN WARD NO. 1, P.O. AND P.S.-MORIGAON 2:APURVA BORKOTOKI S/O LATE KHITISH CHANDRA BORKOTOKI R/O ROJA GAON MORIGAON TOWN WARD NO. 1 P.O. AND P.S.-MORIGAO For the petitioner (s) : Mr. D.C.C. Phukan, Advocate For the respondent (s) : Mr. B. Kaushik, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH