Bipul Bharali vs Prasanta Das
2023 Latest Caselaw 4981 Gua

Gauhati High Court

Bipul Bharali vs Prasanta Das on 11 December, 2023

Author: Kalyan Rai Surana

Bench: Kalyan Rai Surana

                                                                    Page No.# 1/3

GAHC010134152023




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

                               Case No. : RERA APPEAL/3/2023

            BIPUL BHARALI
            S/O LATE MADHAB BHARALI,
            RESIDENT OF GRAMYA NAGAR, PANDU, BARBAZAR, PS JALUKBARI, PO
            PANDU, DIST KAMRUP, ASSAM



            VERSUS

            PRASANTA DAS
            S/O LATE KIRAN CH. DAS,
            RESIDENT OF SWASTEEK RESIDENCY APARTMENT, TOWER II, FLAT NO.
            1-A, HILL SIDE COLONY, GATE NO. 1, PS JALUKBARI, DIST KAMRUP M
            ASSAM 781011



Advocate for the Petitioner   : MR. P SAIKIA

Advocate for the Respondent : MS S DEV




             Linked Case : I.A.(Civil)/3425/2023

            BIPUL BHARALI
            S/O LATE MADHAB BHARALI

            RESIDENT OF GRAMYA NAGAR
            PANDU
            BARBAZAR
            PS JALUKBARI
                                                                     Page No.# 2/3

          PO PANDU
          DIST KAMRUP
          ASSAM


          VERSUS

          PRASANTA DAS

          S/O LATE KIRAN CH. DAS
          RESIDENT OF SWASTEEK RESIDENCY APARTMENT
          TOWER II
          FLAT NO. 1-A
          HILL SIDE COLONY
          GATE NO. 1
          PS JALUKBARI
          DIST KAMRUP M ASSAM 781011


          ------------
          Advocate for : MR. P SAIKIA
          Advocate for : MR. M DUTTA appearing for PRASANTA DAS




                                BEFORE
                HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                     ORDER

11.12.2023

Heard Mr. P. Saikia, learned counsel for the applicant-appellant and Mr. M. Dutta, learned counsel for the respondent.

2. The connected appeal filed under section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA, 2016 Act for short) read with section 100 of the CPC is preferred against the appellate judgment and order dated 25.04.2023 passed by the Assam Real Estate Appellate Tribunal, Guwahati in REAT/ ASSAM/ Appeal No.13/2022 arising out of RERA complaint no.RERA/ASSAM/COM/ 2021/53.

Page No.# 3/3

3. The learned counsel for the applicant has submitted that the substantial questions of law has not inadvertently been incorporated in the memo of appeal and accordingly, by filing this interlocutory application, the substantial question of law as mentioned herein is prayed to be incorporated in the memo of appeal.

4. The said prayer is considered and upon hearing the objections of the learned counsel for the opposite party, stands allowed because the connected appeal has to be heard within the scope of section 100 of the CPC.

5. Accordingly, the learned counsel for the appellant shall incorporate the substantial question of law in the memo of appeal and the amended memo of appeal shall be filed in the concerned section within a week.

6. This application stands allowed.

JUDGE

Comparing Assistant