Rohit Hazarika vs Smriti Rekha Dutta And 2 Ors
2021 Latest Caselaw 1469 Gua

                                                                    Page No.# 1/2

GAHC010066192021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : CRP/35/2021

            ROHIT HAZARIKA
            S/O- LATE KAMAL AHMED MUSTAFA HAZARIKA, R/O- H/NO. 49,
            SUHAGPUR, REHABARI, GUWAHATI- 781008, DIST.- KAMRUP(M), ASSAM



            VERSUS

            SMRITI REKHA DUTTA AND 2 ORS.
            W/O- LATE NIRMAL DUTTA, R/O- H/NO. 49, SUHAGPUR, REHABARI,
            GUWAHATI- 781008, DIST.- KAMRUP(M), ASSAM

            2:NARMAN DUTTA
             S/O- LATE NIRMAL DUTTA
             R/O- H/NO. 49
             SUHAGPUR
             REHABARI
             GUWAHATI- 781008
             DIST.- KAMRUP(M)
            ASSAM

            3:NEWTON DUTTA
             S/O- LATE NIRMAL DUTTA
             R/O- H/NO. 49
             SUHAGPUR
             REHABARI
             GUWAHATI- 781008
             DIST.- KAMRUP(M)
            ASSA

Advocate for the Petitioner   : MR. A SATTAR

Advocate for the Respondent : MR. B K SEN
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                                      BEFORE
                     HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                            ORDER

Date : 19.04.2021.

Heard Shri A Sattar, learned counsel for the petitioner, who has filed this petition under Section 115 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated 19.12.2020 passed by the Court of the learned Civil Judge No.1, Kamrup (M) at Guwahati in TA No.24/2018 whereby the judgment dated 30.01.2018 and the decree prepared thereon by the Court of the learned Munsiff No.2, Kamrup (M) at Guwahati in TS No.332/2012 was upheld.

Shri Sattar, learned counsel submits that the petitioner is residing in the premises as a tenant since the year 2008 and there are grounds which are required to be considered.

Issue Notice, returnable by 4 weeks.

Shri BK Sen, learned counsel has already entered appearance for the respondent by way of lodging the Caveat and therefore, issuance of fresh notice is dispensed with.

Since the litigation is going on since the year 2012, this Court proposes to take up this matter for final disposal at the admission stage.

In that view of the matter, call for the records.

As agreed to by the learned counsel for the parties, list for admission hearing on 20.05.2021.

Registry to immediately requisition the records as directed above.

Though Shri Sattar, learned counsel for the petitioner prays for an interim order, Shri Sen, learned counsel for the respondent fairly submits that till the next date, he would not file any execution petition.

JUDGE

Comparing Assistant