Partha Roy v. Dr. Arun Debnath

ORDER Date : 13.03.2024

¶1The learned counsel appearing on behalf of the Petitioner submitted that for the purpose of showing that the subject matter of Title Suit No.103/2015 was same with Title Suit No.61/2016, the production of a certified copy of the Page No.# 2/2 plaint in Title Suit No.103/2015 or such other pleadings so filed would be required. He therefore submitted that he can procure those certified copies and produce before the learned Trial Court. Under such circumstances, he submitted that he would not like to press the instant petition.

¶2Taking into account the above, the instant petition stands closed on withdrawal.

¶3It is made clear that the withdrawal of the instant petition shall not preclude the Petitioner to produce the certified copy of the plaint and other pleadings of Title Suit No.103/2015 in Title Suit No.61/2016.

¶4Interim order passed on 16.10.2023 stands vacated.

¶5As the parties are duly represented, both the parties are directed to appear before the learned Trial court on 08.04.2024 for further proceedings in the suit.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010226262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/333/2023 PARTHA ROY S/O- LATE BAKTI SUNDAR ROY, R/O- NETAJI PALLY , RANGIRKHARI, P.O AND P.S- SILCHAR, DIST- CACHAR, ASSAM VERSUS DR. ARUN DEBNATH S/O- LAKHAN DEBNATH, R/O- IST LINK ROAD, LANE NO-3, SILCHAR, PORGONA- BARAKPUR, P.S- SILCHAR, DIST- CACHAR, ASSAM For the Petitioner(s) : Mr. S. P. Choudhury, Advocate For the Respondent(s) : Mr. G. Dutta, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH