On the Death of Hari Prasad Dowerah His Legal Heirs Amrit Dowerah v. Tata Tea Limited and 2 Ors

ORDER

04.11.2024

Heard Mr. S. Sahu, learned counsel for the petitioner.

¶2This civil revision petition, under Article 227 of the Constitution of India read with Section 151 of the C.P.C. is preferred by the petitioner challenging the correctness or otherwise of the order dated 01.08.2024, passed in Petition No. 298/2024, arising out of Title Execution Case No. 05/2019 and also the order dated

27.05.2024, passed in Execution Case No. 05/2019, by the learned Civil Judge (Junior Division), Naharkatia.

¶3Mr. Sahu, learned counsel for the petitioner submits that the petitioner is the judgment debtor of the Title Execution Case No. 05/2019, pending before the learned Civil Judge (Junior Division), Naharkatia. In the said execution case, the petitioner as judgment debtor had filed a preliminary objection on 16.10.2012 and a final objection on 13.05.2022, and the same are yet to be disposed of. But, vide order dated 27.05.2024, the learned executing court has already directed that the writ be issued after proper verification. Mr. Sahu further submits that if the writ is issued by the learned executing court without disposing of the preliminary objection as well as the final objection, the petitioner will be gravely prejudiced. Therefore, it is contended to set aside the impugned order dated 01.08.2024, passed in Petition No. 298/2024, arising out of Title Execution Case No. 05/2019 and also the order dated 27.05.2024, passed in Execution Case No. 05/2019, by the learned Civil Judge (Junior Division), Naharkatia.

¶4Having heard the submission of learned counsel for the petitioner, I have carefully gone through the petition as well as the documents placed on record Page No.# 3/3 and also the order dated 01.08.2024, passed in Petition No. 298/2024, arising out of Title Execution Case No. 05/2019 and also the order dated 27.05.2024, passed in Execution Case No. 05/2019, by the learned Civil Judge (Junior Division), Naharkatia.

¶5It appears that the petitioner has filed a preliminary objection on

16.10.2012 and a final objection on 13.05.2022, and the same are yet to be disposed of by the learned executing court.

¶6Having considered the submission of learned counsel for the petitioner and also considering the facts and circumstances on record, this court is inclined to dispose of this petition by directing the learned executing court to hear and dispose of the preliminary objection as well as the final objection, before issuing writ in the aforementioned execution proceeding.

¶7In terms of above, this civil revision petition stands disposed of at this motion stage itself.

¶8The petitioner shall obtain a certified copy of this order and shall place the same before the learned executing court within a period of one week from today. Thereafter, the learned executing court shall complete the exercise within a period of one week from the date of receipt of the certified copy of this order.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010226302024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/435/2024o ONoTHEoDEATHoOFoHARIoPRASADoDOWERAHoHISoLEGALoHEIRSoAMRITo DOWERAHo S/OoLATEoHARIoPRASADoDOWERAH,o RESIDENToOFoLONGJONGoGAON,oPOoANDoPSoNAHARKATIA,oDISTo DIBRUGARH,oASSAM VERSUSo TATAoTEAoLIMITEDoANDo2oORSo HAVINGoITSoREGISTEREDoOFFICEoAToBISPOPLOFRAYoROAD,oKOLKATA,o WESToBENGAL,o700020. 2:THEoAMALGAMATEDoTEAoCOMPANYoESTATEoCOMPANY oAoLIMITEDoLIABILITYoCOMPANYoINCORPORATEDoINoENGLANDoANDoITSo PRINCIPALoOFFICEoINoKOLKATAoCARRYINGoONoBUSINESSoOFoTEAo PLANTATIONoANDoMANUFACTUREoINoINDIAoANDoOWNINGoAMONGSTo OTHERSoNAHAKATIAoTEAoESTATE oPOoNAHARKATIA oDISToDIBRUGARHoASSAMo786610 3:TATAoFINALAYoLIMITED oAoCOMPANYoINCORPORATEDoINoINDIAoANDoHAVINGoITSoREGISTRARo OFFICEoAToBOMBAYoHOUSE o34oHOMYoREDYoSTREET oFORT oBOMBAY-400023oCARRYINGoONoTEAoPLANTATIONoANDoMANUFACTUREo ANDoOWNINGoAMONSToOTHERSoNAHARKATIAoTEAoESTATE oPOoNAHARKATIA oDISToDIBRUGARH oASSAMo78661o AdvocateoforotheoPetitionerooooo:oMR.oSoSAHU,oMR.oMoJoGOGOIo AdvocateoforotheoRespondento:o,oo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN