Shilu Nath vs Nandan Nath And 4 Ors
2022 Latest Caselaw 2035 Gua

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GAHC010105692022




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

                            Case No. : RSA/93/2022

         SHILU NATH
         S/O KAILASH NATH
         RESIDENT OF VILLAGE PALDAHAR, PO BAZARGHAT, PS RATABARI, DIST
         KARIMGANJ, ASSAM



         VERSUS

         NANDAN NATH AND 4 ORS.
         S/O SRI LOKCHARAN NATH
         RESIDENT OF VILLAGE PALDAHAR, PO BAZARGHAT, PS RATABARI, DIST
         KARIMGANJ, ASSAM

         2:SRI PARIKHIT NATH @ SRI SITU NATH
          S/O LATE KAILASH NATH
         RESIDENT OF VILLAGE PALDAHAR
          PO BAZARGHAT
          PS RATABARI
          DIST KARIMGANJ
         ASSAM

         3:SRI NIRMAL NATH
          S/O LATE KAILASH NATH
         RESIDENT OF VILLAGE PALDAHAR
          PO BAZARGHAT
          PS RATABARI
          DIST KARIMGANJ
         ASSAM

         4:SRI SHIPU NATH
          S/O LATE KAILASH NATH
         RESIDENT OF VILLAGE PALDAHAR
          PO BAZARGHAT
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             PS RATABARI
             DIST KARIMGANJ
             ASSAM

            5:SRI NAYAN MANGAL CHOUDHURY
             S/O LATE NITYA MANGAL CHOUDHURY
            RESIDENT OF VILLAGE AND PO BAZARGHAT
             PS RATABARI
             DIST KARIMGANJ
            ASSA

Advocate for the Petitioner   : MR. B C DAS

Advocate for the Respondent :

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA

08-06-2022

Heard Mr. B.C. Das, learned senior counsel, assisted by Ms. I. Das, learned counsel for the appellant.

The appeal is admitted for hearing on the following substantial questions of law :

1) Whether, in view of the stay of the title suit by the learned trial court vide order dated 8.1.1994, the learned trial court was justified in proceeding with the title suit vide order dated 3.11.2009 without giving any opportunity to the defendant/ appellant (as appearing from the order sheets) and the said point having been taken before the learned first appellate court, the learned first appellate court was justified in arriving at a finding that the said orders not having been Page No.# 3/3

challenged before any appellate/revisional authority, the defendant/appellant cannot get any relief ?

2) Whether, the learned lower appellate court was justified in holding that the order of lifting of the stay order, having not been challenged earlier, and thereupon the judgment and decree having been passed by the learned trial court, such orders of the learned trial court cannot be revisited in the appeal ?

3) Whether, the plaintiff/respondent not having proved the right, title, interest of the ventor's vendor of the plaintiff/respondent, the learned court below was justified in decreeing the suit in favour of the plaintiff ?

Call for the LCR.

Issue notice upon the respondents under registered post with A/D as well as under usual process.

Steps be taken within five days.

List the matter on service of notice upon the respondents after the ensuing summer vacation.

JUDGE

Comparing Assistant