Page No.# 1/3 vs Dharmeswar Das And 2 Ors
2021 Latest Caselaw 2651 Gua

                                                                      Page No.# 1/3

GAHC010060462017




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

                                  Case No. : CRP/313/2017

            JOGESH KALITA and 2 ORS.
            S/O- LT DUKHURAM KALITA

            2: SRI JAYANTA KALITA
             S/O- JOGESH KALITA

            3: SMTI. PRAMILA KALITA
             W/O- SRI JOGESH KALITA ALL ARE RESIDENTS OF VILL- KAIYAPATTI P.O.
            and P.S. JOGIGHOPA DIST- BONGAIGAON
            ASSAM PIN- 78338

            VERSUS

            DHARMESWAR DAS and 2 ORS.
            S/O- LT DHARANIDHAR DAS R/O-VILL- KUMARKATA PART-II P.O.
            CHALANTA PARA, P.S. JOGIGHOPA DIST- BONGAIGAON, ASSAM PIN-
            783382

            2:SRI ANANDA SARKAR
             S/O- BROJEN SARKAR

            3:SRI BHARAT SARKAR
             S/O- BHOBESH SARKAR BOTH ARE RESIDENTS OF VILL-KUMARKATA
            PART-II P.O. CHALANTA PARA
             P.S. JOGIGHOPA DIST- BONGAIGAON
            ASSAM PIN-78338

Advocate for the Petitioner   : MS.R BARMAN

Advocate for the Respondent : MR H R A CHOUDHURY
                                                                    Page No.# 2/3

                             BEFORE
              HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                  ORDER

01.11.2021

Heard Mr. K.M. Haloi, learned counsel for the petitioners; Ms. R. Choudhury, learned counsel for the respondent No.1 and Mr. B. Bishaya, learned counsel for the respondent Nos. 2 & 3.

This proceeding under Section 115 of Civil Procedure Code has been initiated against the judgment and decree dated 20.09.2017 passed in respect to a proceeding under Section 6 of the Specific Relief Act, 1963. The alleged date of the incident is 17.06.2014. Ms. Choudhury, learned counsel appearing for the respondent No.1 states that proceedings under Section 6 of the Specific Relief Act are required to be expeditiously disposed off and as such submitted that it would be interest of justice that the matter may be taken up for hearing as the records are available in the Court.

I have also heard the learned counsel for the petitioner, who submits that trial court passed an judgment and decree on 20.09.2017 without taking into consideration the evidence on record in a proper perspective inasmuch as, the evidence of PW2 has not been properly taken into consideration.

The Registry is directed to list the matter for hearing on 02.12.2021 in the admission column. An attempt shall be Page No.# 3/3

made to dispose of the instant proceedings on the said date fixed.

JUDGE

Comparing Assistant