On The Death Of Karuna Kakati One Of ... vs Chandra Kanta Kumbhakar
2022 Latest Caselaw 3745 Gua

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GAHC010060612022




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

                                   Case No. : CRP/34/2022

            ON THE DEATH OF KARUNA KAKATI ONE OF HIS LEGAL HEIR RADHA
            KAKOTI
            S/O. LT. DOTO HALOI, VILL. PAIKAN BANMAJA, MOUZA- UTTAR
            BARKHETRI, DIST. NALBARI, ASSAM, PIN-785640.



            VERSUS

            CHANDRA KANTA KUMBHAKAR
            S/O. LT. BUDHI RAM KUMBHAKAR, VILL. PAIKAN BANMAJA, MOUZA-
            UTTAR BARKHETRI, DIST. NALBARI, ASSAM, PIN-785640.



Advocate for the Petitioner   : MR B P BORAH

Advocate for the Respondent : MR G BHARADWAJ

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

23.09.2022

Heard Mr. B. P. Borah, the learned counsel for the petitioner and Mr. A. C. Sarma, the learned senior counsel assisted by Mr. G. Bharadwaj, the learned counsel for the respondent.

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The learned counsel for the petitioner submitted that inadvertently the order dated 24.12.2018 which forms the genesis for the subsequent orders challenged in the instant proceedings has not been put to challenge. The learned counsel for the petitioner submittted that the said order though is a part of the instant proceedings as the respondent has duly filed in the affidavit-in-opposition but a specific challenge also needs to be made to the said order for a proper decision of the matter. The learned counsel for the petitioner further submitted that prior to issuance of notice by this Court, the execution proceedings stood culminated upon the delivery of possession as could be seen from the affidavit-in-opposition filed by the respondent, and more particularly, the handing over the report of the Nazir and receipt of possession by the decree holder as enclosed to the affidavit- in-opposition. The learned counsel submitted that the issue which is relevant for decision is an issue pertaining to the question of limitation which has however been not addressed in the orders impugned in the instant proceedings as well as also in the order dated 24.12.2018. However, the learned counsel for the petitioner submitted that in view of the fact that the order dated 24.12.2018 and the subsequent developments which have occurred due to handing over of possession, he would like to withdraw the instant petition with the liberty to file afresh thereby filing a composite petition challenging all the said orders.

Considering the said submission of the learned counsel for the petitioner, this Court permits the petitioner to withdraw the instant petition and thereby also grants the liberty to the petitioner to file a fresh petition challenging the orders as mentioned herein above.

On an application filed by the petitioner before the Registry along Page No.# 3/3

with the certified copy of the instant order, the Registry shall provide the certified copy of the judgment and decree dated 17.05.1996 passed in Title Suit No.37/1995 as enclosed to the instant petition.

With the above, the instant petition stands disposed of.

JUDGE

Comparing Assistant