Gauhati High Court
Kamini Devi @ Kamini vs Bhesh Bahadur Puri on 21 April, 2023
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GAHC010083002023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/212/2023
KAMINI DEVI @ KAMINI
W/O- PUNIT SINGH, R/O- LAHORIJAN, NEAR IB BUNGLOW, P.O. AND P.S.
KHATKHATI, PIN- 782480, DIST.- KARBI ANGLONG, ASSAM
VERSUS
BHESH BAHADUR PURI
S/O- LATE CHABI LAL PURI, R/O- LAHORIJAN, NEAR IB BUNGLOW, P.O.
AND P.S. KHATKHATI, PIN- 782480, DIST.- KARBI ANGLONG, ASSAM
Advocate for the Petitioner : MR D KAMEI
Advocat for the Respondent :
Linked Case : RSA/32/2023
KAMINI DEVI
W/O PUNIT SINGH
RESIDENT OF LAHORIJAN NEAR IB BUNGLOW
PO AND PS KHATKHATI
DIST KARBI ANGLONG
ASSAM 782480
VERSUS
BHESH BAHADUR PURI
W/O LATE CHABI LAL PURI
RESIDENT OF LAHORIJAN NEAR IB BUNGLOW
PO AND PS KHATKHATI
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DIST KARBI ANGLONG
ASSAM 782480
------------
Advocate for : R A RONGMEI
Advocate for : MR. M P SARMA appearing for BHESH BAHADUR PURI
Linked Case : I.A.(Civil)/621/2023
KAMINI DEVI
W/O PUNIT SINGH
RESIDENT OF LAHORIJAN NEAR IB BUNGLOW
PO AND PS KHATKHATI
DIST KARBI ANGLONG
ASSAM 782480
VERSUS
BHESH BAHADUR PURI
S/O LATE CHABI LAL PURI
RESIDENT OF LAHORIJAN NEAR IB BUNGLOW
PO AND PS KHATKHATI
DIST KARBI ANGLONG
ASSAM 782480
------------
Advocate for : R A RONGMEI
Advocate for : MR. M P SARMA appearing for BHESH BAHADUR PURI
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 21.4.2023
Heard Mr. R.A. Rongmei, learned counsel for the petitioner.
2. The present Contempt petition arises alleging violation of an order dated
10.3.2023 passed by this court in IA(C) No. 621/2023 arising out of RSA No.
32/2023.
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3. The present petitioner preferred second appeal against the judgment and
order dated 18.1.2023 passed in Title Appeal No. 7/2022 by learned Civil Judge,
Karbi Along Diphu. The said appeal was admitted by this court under its order
dated 10.3.2023. Such order was passed in presence of the learned counsel for
the respondent, namely Mr. M. P. Sarma who appeared on Caveat. Alongwith
the aforesaid appeal, an I. A was filed which was registered as IA(C) No
621/2023. This court under its order dated 10.3.2023 in presence of learned
counsels of both the parties directed that status quo in respect of the disputed
plot of land be maintained by both the parties until further orders.
4. The present application is filed alleging violation of aforesaid order. The
matter was listed on 19.4.2023 on which date this court directed to list the
same alongwith the second appeal and I.A. Accordingly the same is listed today.
The name of the learned counsel of respondent has also been shown in the
cause list. However, none appears for the respondent.
5. Perused the averments made in paragraphs 3,4 and 5 which discloses
prima facie that the respondent had violated the order of this court.
6. Issue notice returnable on 30.5.2023.
7. Petitioner to take steps for issuance of notice by way of registered post
with A/D as well as by usual process within a period of three days from today.
8. In the meantime, it is directed that the Officer-in-Charge, Khatkhati Police
Station shall ensure that the order dated 10.3.2023 passed by this court in IA(C)
621/2022, is properly implemented and the said Officer-in-Charge shall submit a
report before this court by the next date fixed. Since this matter relates to
violation of Court's order passed by this court, this court requests Mr. T. R.
Gogoi, learned Govt. Advocate to assist this court and to intimate the order
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passed today to the concerned Officer-in-charge of the Khatkhati Police Station.
9. Accordingly copy of this order be furnished to Mr. T. R. Gogoi, learned
Govt. Advocate for his further compliance.
10. Registry to list this matter showing the name of Mr. T. R. Gogoi, learned
Govt. Advocate, in the cause list.
JUDGE
Comparing Assistant
