Page No.# 1/4 vs Tej Bahadur Bohra Cherty And 3 Ors
2022 Latest Caselaw 4621 Gua

                                                                 Page No.# 1/4

GAHC010238662022




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

                           Case No. : CRP(IO)/281/2022

         PAHALMAN CHETRY AND 3 ORS
         SON OF LATE DHAN BAHADUR CHETRY,
         RESIDENT OF VILLAGE- PASCHIM BHALUKMARI, WARD NO. 10,
         DISTRICT- HOJAI, ASSAM, PIN -

         2: INDRA BAHADUR CHETRY
          SON OF LATE DHAN BAHADUR CHETRY

         RESIDENT OF VILLAGE- PASCHIM BHALUKMARI
         WARD NO. 10

         DISTRICT- HOJAI
         ASSAM
         PIN -

         3: GHANASHYAM CHETRY
          SON OF LATE DHAN BAHADUR CHETRY

         RESIDENT OF VILLAGE- PASCHIM BHALUKMARI
         WARD NO. 10

         DISTRICT- HOJAI
         ASSAM
         PIN -

         4: GANESH CHETRY
          SON OF LATE DHAN BAHADUR CHETRY

         RESIDENT OF VILLAGE- PASCHIM BHALUKMARI
         WARD NO. 10

         DISTRICT- HOJAI
         ASSAM
         PIN
                                                        Page No.# 2/4


            VERSUS

            TEJ BAHADUR BOHRA CHERTY AND 3 ORS
            SON OF LATE BHAKTA BAHADUR BOHRA CHETRY,
            RESIDENT OF LANKA TOWN, WARD NO. 9,
            MOUZA AND P.S.- LANKA,
            DISTRICT- HOJAI, ASSAM, PIN- 782442.

            2:OM BAHADUR BOHRA CHETRY
             SON OF LATE BHAKTA BAHADUR BOHRA CHETRY

            RESIDENT OF LANKA TOWN
            WARD NO. 9

            MOUZA AND P.S.- LANKA

            DISTRICT- HOJAI
            ASSAM
            PIN- 782442.

            3:KRISHNA CHETRY
             DAUGHTER OF LATE DHAN BAHADUR CHETRY

            RESIDENT OF PUB BHALUKMARI

            DISTRICT- HOJAI
            ASSAM

            PIN- 782442.

            4:CHITRA KALA CHETRY
             DAUGHTER OF LATE DHAN BAHADUR CHETRY

            RESIDENT OF VILLAGE- MAILUNG

            KARBI ANGLONG DISTRICT

            DIPHU
            ASSAM

Advocate for the Petitioner   : MR. D CHOUDHURY

Advocate for the Respondent :
                                                                     Page No.# 3/4


                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

22.11.2022

Heard Mr. D. Mazumdar, learned Sr. Counsel appearing for the accused petitioners.

By this petition under Article 227 of the Constitution of India the petitioners have prayed for setting aside and quashing of the impugned order, dated 15.11.2022, passed by the learned Munsiff, Hojai at Sankardev Nagar in Title Suit No. 179/2021 and for allowing them to harvest the paddy in the suit land.

Mr. Mazumdar has relied on the following judgment rendered by the Honb'le Supreme Court in i) K.K. Velusamy Vs. N. Palanisamy, reported in (2011) 11 SCC 275; and the judgments rendered by this Court in i) T. Bangerloba and ors. Vs.J . Walter Longchar and ors., reported in (2021) 4 GLR 346; ii) Sailesh Chandra Dey Vs. Mahabir Finance Company and ors., reported in 1994 2 GauLR 99.

Issue notice to the respondents. Steps be taken by registered post with A/D within 3(three) days.

List in the 2nd week of January, 2022.

In view of the propositions of law laid down in the aforementioned judgments relied on by Mr. Mazumdar and considering the averments made in the petition and further, in view of during pendency of petition No. 116/2022 under Order 40 Rule 1 read with Section 151 CPC for consideration, the petition Page No.# 4/4

No. 1709/2022 being filed and the impugned order, dated 15.11.2022 has been passed, it is provided that both the aforesaid petitions be heard together affording opportunity of hearing to both sides at the earliest preferably within a period of 7(seven) days from today.

Till such consideration of the matter, the operation of the impugned order, dated 15.11.2022, passed by the learned Munsiff, Hojai at Sankardev Nagar in Title Suit No. 179/2021 shall remain stayed.

JUDGE

Comparing Assistant