M/S Progressive Youth Enterprise vs Smt. Chenehi Bora
2022 Latest Caselaw 3152 Gua

                                                                    Page No.# 1/3

GAHC010131322022




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

                                    Case No. : CRP/74/2022

            M/S PROGRESSIVE YOUTH ENTERPRISE
            A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT JAPORIGOG,
            DISPUR, GUWAHATI-5 REPRESENTED BY ITS PARTNER SRI BIPLAB
            CHETIA, S/O LATE BIPIN CHANDRA CHETIA, R/O JAPORIGOG, NEAR ASEB,
            P.O. AND P.S.-DISPUR, DIST-KAMRUP(M), ASSAM



            VERSUS

            SMT. CHENEHI BORA
            W/O SRI TIKENDRA NATH BORA, BORA COMMERCIAL COMPLEX,
            NARENGI TINIALI, GUWAHATI-26, DIST-KAMRUP(M), ASSAM


Advocate for the Petitioner   : MR. S P CHOUDHURY

Advocate for the Respondent : MR R D GOSWAMI


             Linked Case : I.A.(Civil)/2190/2022

            M/S PROGRESSIVE YOUTH ENTERPRISE
            A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT JAPORIGOG
            DISPUR
            GUWAHATI-5 REPRESENTED BY ITS PARTNER SRI BIPLAB CHETIA
            S/O LATE BIPIN CHANDRA CHETIA
            R/O JAPORIGOG
            NEAR ASEB
            P.O. AND P.S.-DISPUR
            DIST-KAMRUP(M)
            ASSAM
                                                                                   Page No.# 2/3

             VERSUS

             SMT. CHENEHI BORA
             W/O SRI TIKENDRA NATH BORA
             BORA COMMERCIAL COMPLEX
             NARENGI TINIALI
             GUWAHATI-26
             DIST-KAMRUP(M)
             ASSAM.


             ------------
             Advocate for : MR. S P CHOUDHURY
             Advocate for : appearing for SMT. CHENEHI BORA



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 23.8.2022

Heard Mr. S.P. Choudhury, learned counsel for the petitioner and Mr. Sheeladitya, learned counsel for the respondent.

This revision petition is filed assailing the judgment and decree dated 31.3.2022 passed by learned Civil Judge No.2, Kamrup(M) at Guwahati in Title Appl. No. 44/2016 dismissing the appeal and upholding the judgment and decree dated 11.5.2016 passed by the learned Munsiff No.2, Kamrup(M) at Guwahati in Title Suit No. 546/2012 decreeing the suit of the plaintiff respondent for eviction of the present petitioner who was tenant under the said plaintiff present respondent.

Mr. S.P. Choudhury, learned counsel for the petitioner has expressed urgency in view of the fact that decree has already been executed and his landlord may change the nature and character of tenanted premises. Accordingly he had also filed an I.A being IA(C) 2190/2022 for grant of injunction.

Mr. Sheeladitya, learned counsel for the respondent plaintiff submits that he may be permitted some time to file objection in the I. A. Alternatively, both the learned counsels for Page No.# 3/3

the parties submit that entire matter can be disposed on the next date fixed.

Since, Mr Choudhury learned counsel for the petitioner has expressed urgency, this matter is fixed for admission on 9.9.2022. On that day an endeavour shall be made to take up the matter for final disposal. In the meantime, Mr. Sheeladitya may file his objection in the I.A .

List accordingly.

JUDGE

Comparing Assistant