Page No.# 1/3 vs Akkas Ali And Anr
2022 Latest Caselaw 2164 Gua

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GAHC010032732022




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

                                  Case No. : RSA/30/2022

            SHAN KUMAR HAJONG AND ANR.
            S/O- RAMDHAN HAJONG, VILL.- SHALIBHUI, P.O. JAKABARI, P.S.
            GAROBADHA, DIST. WEST GARO HILLS, MEGHALAYA, PIN- 783135.

            2: ABZAL ALI @ ABJAL HOSSEN
             S/O- KURIUT ALI
            VILL.- CHATIVUIN
             P.S. MANKACHAR
             DIST.- SOUTH SALMARA MANKACHAR
            ASSAM PIN- 783135

            VERSUS

            AKKAS ALI AND ANR.
            S/O- LATE HASEN ALI,
            R/O- VILL.- DHAPGURI, P.S. MANKACHAR,
            DIST. SOUTH SALMARA MANKACHAR, ASSAM

            2:SHAHEB MIA
             S/O- LATE KOBAT SK
            VILL.- SHATIVUIN
             P..S MANKACHAR
             DIST. SOUTH SALMARA MANKACHAR
            ASSA

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : MR. K K DEY
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 23-06-2022

Heard Mr. AZ Ahmed, learned counsel for the appellant and Mr. KK Dey, learned counsel for the respondent.

Mr. KK Dey, the learned counsel appearing on behalf of the respondent submits that the instant second appeal is not maintainable, inasmuch as, the order challenged in the instant proceedings is an order passed in exercise of powers by the First Appellate Court in respect to an appeal under Order XLIII Rule 1(d) of the Code of the Civil Procedure (for short 'the CPC') inasmuch as, the said appeal i.e., the Misc Appeal Case No.05/2020 arises out of an order passed in a proceedings under Order IX Rule 13 of the CPC.

The learned counsel for the appellant submits that taking into account the scope of the instant proceedings, he would like to withdraw the instant appeal and prefer a Regular First Appeal against the judgment and decree dated 15.05.2019 passed in Title Suit No.124/2016 before the appropriate Court.

Taking into account the submissions made by the learned counsel for the parties and more particularly, the submissions of the learned counsel for the appellant, the instant appeal stands dismissed on withdrawal.

However, the dismissal of the instant appeal shall not preclude the appellant to prefer a Regular First Appeal against the judgment and decree dated 15.05.2019 passed in Title Suit No.124/2016, if so Page No.# 3/3

otherwise permissible as per law.

The appeal stands disposed of.

JUDGE

Comparing Assistant