Citation : 2022 Latest Caselaw 1633 Gua
Judgement Date : 13 May, 2022
Page No.# 1/2
GAHC010002392008
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SAO/2/2008
HARSH NAMULA
W/O SHRI AMARJEET NARULA R/O SEWDA COMPLEX K C CHOUDHURY
ROAD
CHATRIBARI
GHY-8.
VERSUS
BANWARILAL SHARMA and ORS
S/O SRI DURGA PRASAD SHARMA R/O SEWDA COMPLEX K C CHOUDHURY
ROAD
CHATRIBARI
GHY-8.
2:SMTI. KAMALA DEVI AJITSARIA
3:SMTI. RENU SUREKHA AJITSARIA
4:SMTI. LALITA AJITSARIA
5:SMTI. INDIRA AGARWALLA
6:SMTI. PINKI AGARWALLA
NO. 2 IS THE WIFE AND NO. 3 TO 6 ARE DAUGHTERS OF LATE RUKANMAL
AJITSARIA
ALL ARE RESIDENT OF JAI NARAYAN ROAD
FANCY BAZAR
GUWAHATI- 1.
7:SHRI RAJESH AGARWALLA
SON OF SHRI SRILAL AGARWALLA RESIDENT OF SONAPUR SAW MILL
VILLAGE and P.O.- SONAPUR
DIST.- KAMRUP
ASSAM.
Page No.# 2/2
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Advocate for : P K R CHOUDHURY
Advocate for : MR.MD ASLAM appearing for BANWARILAL SHARMA and ORS
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 13-05-2022
Heard Mr. P.K. Roy Choudhury, learned counsel for the appellant as well as Mr. G.N. Sahewalla, appearing on behalf of the respondent.
Taking into consideration that the appeal filed against the original judgment and decree dated 25.09.2006 passed in T.S. No. 223/97 may not provide the appellant with the substantial relief, the learned counsel for the appellant submits that the appellant would like to withdraw the instant appeal without prejudice to his rights to resort to the appropriate provisions of law.
After hearing the learned counsel for the parties, this Court, on the basis of the submissions made by the learned counsel for the appellant, permits the appellant to withdraw the instant appeal. The withdrawal of the instant appeal, however, shall not preclude the appellant to resort to such provisions of law as is permissible under law.
The Appeal accordingly stands disposed off.
JUDGE
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