Sri Amrit Borgohain vs Sri Rajib Borgohain
2021 Latest Caselaw 2803 Gua

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GAHC010111202019




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

                                  Case No. : MFA/172/2019

            SRI AMRIT BORGOHAIN
            S/O- LATE PHANIDHAR BORGOHAIN, R/O- NIALIAPOOL, DIBRUGARH, P.O.
            AND DIST.- DIBRUGARH, ASSAM, PIN- 786001.



            VERSUS

            SRI RAJIB BORGOHAIN
            S/O- LATE PHANIDHAR BORGOHAIN, R/O- NIALIAPOOL, DIBRUGARH, P.O.
            AND DIST.- DIBRUGARH, ASSAM, PIN- 786001.



Advocate for the Petitioner   : MR. A K PURKAYASTHA

Advocate for the Respondent : MR. B D DEKA




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                         ORDER

Date : 10-11-2021

The appellant is absent on call. On the last date, i.e., 30.09.2021 also, the appellant was absent on call.

Mr. A Bhatra, learned counsel appears on behalf of Mr. BD Deka, learned counsel for the respondent.

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Mr. Bhatra, learned counsel for the respondent has submitted that the respondent was appointed as guardian of one Ashok Borgohain, his brother, by a judgment of the District Judge, Dibrugarh. The said judgment is available in the record.

It has been submitted by Mr. Bhatra, learned counsel for the respondent, that the aforesaid Ashok Borgohain had expired on 09.02.2020 and as such, the matter has become infructuous. However, this Court would like to hear the appellant in view of the fact that this is a proceeding where right to estate of the deceased is involved.

Accordingly, list the matter on 2nd December, 2021.

JUDGE

Comparing Assistant