Jagodish Chauhan v. Subhabati Devi and 12 Ors

ORDER

10.06.2024

This matter has been listed pursuant to the order dated 03.06.2024. For the sake of convenience, the aforesaid order is extracted herein below: "03.06.2024 This I.A. along with the connected CRP was filed in the year 2016. The impugned order is dated 10.02.2016 passed by the learned Addl. Page No.# 2/2 District & Session Judge, Nagaon in Misc.(P) Case No. 176/2012 whereby the petition for revocation of the probate was dismissed. Notice in this application filed under Section 5 of the Limitation Act for condonation of delay of 113 days was issued on 28.09.2016. Shri B. Dey, learned counsel appearing on instructions of Shri P.C. Dey, learned counsel however submits that the clients are not in touch for a period of about 5 years and therefore, the learned counsel would not like to continue. Ms. K. Yadav, learned counsel has appeared for the respondent nos. 1 & 2. In the interest of justice, matter is adjourned to be listed on Monday next, i.e., 10.06.2024 to give a further opportunity to the petitioner to be represented. In the event, if there is no representation, this Court would pass appropriate orders."

Shri P.C. Dey, the learned counsel submits that the situation is same and on the last occasion, this Court had recorded the submission that the said Counsel would not like to continue in absence of any further instructions. Ms. K. Yadav, learned counsel is present for the respondent nos. 1 & 2. Since sufficient opportunities have been granted and in terms of the earlier order dated 03.06.2024, the present I.A. stands dismissed for want of prosecution. Consequently, the connected CRP is also dismissed.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010207342016 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1517/2016 JAGODISH CHAUHAN S/O LT. DUMA CHAUHAN, R/O AMTOLA, MOUZA- HOJAI, DIST- NAGAON, ASSAM VERSUS SUBHABATI DEVI and 12 ORS. W/O RAM JANAM CHAUHAN Advocate for the Petitioner : MR.P C DEY Advocate for the Respondent : MS.R R BORAHR BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI