Page No.# 1/3 vs Krishna Gupta
2022 Latest Caselaw 3719 Gua

                                                                      Page No.# 1/3

GAHC010054172021




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

                                 Case No. : CRP(IO)/46/2021

            ARUNA GUPTA AND ANR
            W/O. LT. CHUNILAL GUPTA, R/O. HOTEL PROMODE, DURGABARI,
            RANGAGORA ROAD, P.O., P.S. AND DIST. TINSUKIA, ASSAM.

            2: SMT. INDIRA GUPTA

             D/O. SRI PANNALAL GUPTA
             R/O. HOTEL PROMODE
             DURGABARI
             RANGAGORA ROAD
             P.O.
             P.S. AND DIST. TINSUKIA
             ASSAM


            VERSUS


            KRISHNA GUPTA
            D/O. LT. KAMAKHYA CHARAN GUPTA, R/O. 779, PURBACHAL MAIN ROAD,
            1ST. FLOOR, P.S. KASBA, NOW GARFA KOLKATA WEST BENGAL, PIN-
            700078, BEING REP. BY HER ATTORNEY SRI DEBASISH GUPTA.



Advocate for the Petitioner   : MR. P J SAIKIA

Advocate for the Respondent : S R A NASER
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                       ORDER

Date : 22.09.2022

Heard Mr. P. J. Saikia, the learned Senior counsel assisted by Mr. A. K. Gupta, the learned counsel appearing on behalf of the Petitioners. None appears on behalf of the Respondent on call.

The learned counsel for the Petitioners submits that taking into account that the appeal has been filed against the order dated 09.01.2018 whereby the application under Section 5 of the Limitation Act, 1963 was dismissed and consequently, by virtue of the judgment of the Supreme Court in the case of Shyam Sundar Sarma Vs. Pannalal Jaiswal and Others reported in (2005) 1 SCC

436, the dismissal of the application under Section 5 of the Limitation Act would

amount to dismissal of the application under Order IX Rule 9, and taking into account the leave being granted by this Court to file the appeal in FAO No.24/2018 on the basis of the leave, the said appeal being filed which the Court below had duly considered, he would not like to press the instant petition. However, he submits that the withdrawal of the instant petition should not prejudice the case of the Petitioners before the First Appellate Court.

Having heard the learned counsel for the Petitioners and taking into account his submissions, this Court permits withdrawal of the instant petition and accordingly, the petition stands dismissed on withdrawal.

It is observed that the withdrawal of the instant petition shall not preclude the Petitioners to raise all such issues as available under law before the First Appellate Court while deciding Misc. Appeal No.03/2019.

Before concluding, it is also relevant to take note of that this Court vide an Page No.# 3/3

order dated 09.04.2021 had stayed further proceedings of Misc. Appeal No.03/2019 pending in the Court of the learned Civil Judge, Tinsukia until further orders. The said interim order stands vacated in view of the dismissal of the instant proceedings and the parties are directed to appear before the First Appellate Court on 09.11.2022.

The Registry is directed to forthwith intimate the Court below about the instant order.

JUDGE

Comparing Assistant