Must. Zebin Rahman vs Dharmeswar Deka
2022 Latest Caselaw 2371 Gua

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GAHC010124632022




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

                                  Case No. : RSA/114/2022

            MUST. ZEBIN RAHMAN
            W/O LATE KAZIMUDDIN AHMED,
            RESIDENT OF MILANPUR, WARD NO. 3, PO, PS AND DIST MORIGAON,
            ASSAM 782105



            VERSUS

            DHARMESWAR DEKA
            S/O LATE BHATBOR DEKA
            RESIDENT OF MORI PACHATIA,
            PO, PS AND DIST MORIGAON, ASSAM 782105



Advocate for the Petitioner   : MR. D C C PHUKAN

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 18.07.2022

Heard Mr. D.C.C. Phukan, the learned counsel for the Appellant, who submits that he may be permitted to withdraw the instant appeal with a liberty to file an application under Section 115 of the Code of Civil Procedure against the judgment and Page No.# 2/2

decree passed by the First Appellate Court.

Taking into account the submission so made by the learned counsel for the Appellant, the instant appeal stands dismissed on withdrawal. Liberty is given to file an application under Section 115 of the Code of Civil Procedure subject to law permitting to do so.

The Appellant is permitted to take back the certified copy of the judgment and decree passed by both the Trial Court as well as the First Appellate Court in Title Suit No. 43/2015 as well as in Title Appeal No.1/2020 from the Registry of this Court by filing appropriate application.

JUDGE

Comparing Assistant