Anupama Pathak vs M/S. Endocarp Builders (P) Ltd. ...
2021 Latest Caselaw 2709 Gua

                                                                    Page No.# 1/2

GAHC010109482019




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

                                  Case No. : CRP/75/2019

            ANUPAMA PATHAK
            D/O- LATE HARICHARAN PATHAK, R/O- FIRST BYE LANE, RAJGARH
            ROAD, P.O- SILPUKHURI, DIST- KAMRUP(M), ASSAM, PIN- 781003

            VERSUS

            M/S. ENDOCARP BUILDERS (P) LTD. AND 2 ORS
            A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING
            ITS REGD OFFICE AT SRINAGAR PATH, CHRISTIAN BASTI, DIST-
            KAMRUP(M), ASSAM, GUWAHATI- 781006

            2:PRADIP BALLAV SARMA
             MANAGING DIRECTOR
             M/S ENDOCARP BUILDERS (P) LTD
             SRINGAR PATH
             CHRISTIAN BASTI
             DIST- KAMRUP(M)
             GUWAHATI
            ASSAM
             PIN- 781006

            3:RINTI TALUKDAR
            W/O- LATE DEBAJIT TALUKDAR
             R/O- GHARANA ENCLAVE
             FLAT NO. 401/A
             175
             RAJGARH MAIN ROAD
             DIST- KAMRUP(M)
             GUWAHATI
            ASSAM
             PIN- 78100

Advocate for the Petitioner   : MR. A CHAMUAH
                                                                        Page No.# 2/2

Advocate for the Respondent : MR. R SARMA




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 08-11-2021

Heard Mr. A Chamuah, learned counsel for the petitioner who submits that taking into account the lapse of time from the judgment impugned in the instant proceeding and nothing substantial has happened despite there being no injunction order, he would not like to press the petition. The petition stands dismissed on withdrawal. It is also submitted by Mr. Chamuah that if any fresh cause of action arises and if there is apprehension of threat or danger to his possession, he may be given the liberty to file appropriate application before the trial Court.

It is observed that in case there is a fresh cause of action or fresh apprehension of threat to the possession of the petitioner in respect to the suit premises, he shall always be at liberty to file appropriate application before the trial Court and the trial Court shall adjudicate the same without being influenced by this order as well as the order impugned in the instant proceeding.

The instant petition stands dismissed on withdrawal.

JUDGE

Comparing Assistant