Mahbubur Rahman vs Saheb Singh And Sons Properties
2022 Latest Caselaw 5123 Gua

Citation : 2022 Latest Caselaw 5123 Gua
Judgement Date : 21 December, 2022

Gauhati High Court

Mahbubur Rahman vs Saheb Singh And Sons Properties on 21 December, 2022

                                                                               Page No.# 1/2

GAHC010253512022




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

                                 Case No. : CRP(IO)/314/2022

            MAHBUBUR RAHMAN
            S/O. LT. MUSSABIR ALI, R/O. OIL, (SETTLEMENT DUES), PLOT NO.2044,
            DULIAJAN, DIST. DIBRUGARH, ASSAM, PIN-786602.



            VERSUS

            SAHEB SINGH AND SONS PROPERTIES
            A HINDU UNDIVIDED FAMILY OWNING POPERTIES, INCLUDING THE
            SCHEDULED PREMISES FOR THE USE AND BENEFIT OF ITS
            COPARCENERS, INCLUDING AND REP. BY ITS KARTA VIZ, SRI RAKESH
            KUMAR SINGH, S/O. LT. SAHEB SINGH, HAVING ITS PRINCIPAL PLACE OF
            BUSINESS AT DULIAJAN-786602, P.O. AND P.S. DULIAJAN, DIST.
            DIBRUGARH, ASSAM.



Advocate for the Petitioner   : MR. S DUTTA

Advocate for the Respondent : MR G N SAHEWALLA




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 21.12.2022 Heard Mr. S Dutta, learned counsel for the petitioner and Mr. M Sahewalla, learned counsel for the respondent.

By this application under Article 227 of the Constitution of India, the petitioner has Page No.# 2/2

prayed for setting aside and quashing of the impugned order dated 07.11.2022 passed by the learned Munsiff No. 1, Dibrugarh in Title Suit No.55/2021.

The learned counsel for the petitioner has cited a judgment of the Rajasthan High Court in the case of M/S Ajanta Enterprises, Jaipur -vs- Bimla Charan Chatterjee & anr. reported in 1987 SCC Online Raj 516 interpreting the order 8 Rule 9 of the CPC.

The learned counsel for the respondent has also cited the judgment of the Hon'ble Supreme Court rendered in the case of Pratima Chowdhury -vs- Kalpana Mukherjee & anr. reported in (2014) 4 SCC 196 .

List the matter for admission hearing as the learned counsel for both sides have entered appearance.

List after 5(five) weeks.

JUDGE

Comparing Assistant