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2022 Latest Caselaw 3789 Gua

                                                               Page No.# 1/3

GAHC010150242022




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

                        Case No. : CRP(IO)/172/2022

         TINKU CHAWRA AND 3 ORS.
         S/O LATE MAGDU CHAWRA, R/O KHATKHATI BAGICHA GAON, P.O.-
         MORAN (KHATKHATI), P.S.-MORANHAT, DIST-CHARAIDEO, ASSAM

         2: BITUL CHAWRA
          S/O LATE MAGDU CHAWRA
          R/O KHATKHATI BAGICHA GAON
          P.O.-MORAN (KHATKHATI)
          P.S.-MORANHAT
          DIST-CHARAIDEO
         ASSAM

         3: RAMU CHAWRA
          S/O LATE MAGDU CHAWRA
          R/O SUKANPHUKURI
         WARD NO. 1
          P.O.-SEPON
          P.S.-MORANHAT
          DIST-CHARAIDEO
         ASSAM
          PIN-785673

         4: RABIN CHAWRA
          S/O LATE MAGDU CHAWRA
          R/O SUKANPHUKURI
         WARD NO. 1
          P.O.-SEPON
          P.S.-MORANHAT
          DIST-CHARAIDEO
         ASSAM
          PIN-78567

         VERSUS
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            KULESH TALUKDAR
            S/O LATE MAHESWAR TALUKDAR, R/O SEPON BAZAR, P.O.-SEPON, P.S.-
            MORANHAT, DIST-CHARAIDEO, ASSAM, PIN-785673



Advocate for the Petitioner   : MR. B K DAS

Advocate for the Respondent :




                                     BEFORE
                      HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 26-09-2022

Heard Mr. B.K. Das, the learned counsel appearing for the petitioner.

The learned counsel drawing the attention of this Court to the order dated 05.08.2022 submits that this Court had directed the Court of the District Judge, Charaideo to take up the application for condonation of delay being Misc. (J) Case No.3/2022 on urgent basis and have further observed that depending upon the decision so taken by the District Judge, if the delay is condoned the petitioner shall be at liberty to file an application for stay of the Execution Proceedings.

The learned counsel submitted that vide an order dated 14.09.2022, the learned District Judge, Chairaodeo had rejected the application for condonation of delay for a period of 672 days.

Consequently, in view of the said dismissal of the condonation application, the appeal filed before the learned District Judge, Charaideo against the judgment and decree dated 13.08.2018 passed in Title Suit No.11/2015 also stands dismissed.

The learned counsel for the petitioner submits that taking into Page No.# 3/3

account the judgment of the Supreme Court in the case of, Shyam Sundar Sarma Vs. Pannalal Jaiswal and Ors reported in (2005) 1 SCC 436, the dismissal of an application for condonation of delay amounts to dismissal of the appeal and consequently, the petitioner has to approach the appropriate court by filing a Regular Second Appeal.

Taking into account that the same, the instant proceedings has become infructous. However, the instant order so passed, shall not affect the petitioner, if so advised to prefer and appeal against the order dated 14.09.2022 passed in Misc (J) Case No.3/2022 arising out of Title Appeal No.2/2022.

The interim order passed any stands vacated.

JUDGE

Comparing Assistant