Xxxxxxxx vs Xxxxxxxx
2023 Latest Caselaw 2661 Gua

                                                                      Page No.# 1/2

GAHC010004112018




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

                                 Case No. : Mat.App./47/2018

            XXXXXXXX
            D/O SRI DILIP GOGOI, R/O KUMARANICHINGA (BAMPATHER), DIST.
            DIBRUGARH.



            VERSUS

            XXXXXXXX
            S/O LATE CHANDRA BURAGOHAIN, R/O SIMALUGURI, BAZAR ROAD, P.O.
            AND P.S. SIMULUGURI, DIST. SIVASAGAR, PIN 785686, ASSAM.


Advocate for the Petitioner   : MR S S DEY

Advocate for the Respondent : MR. M B U AHMED (R1



                                         BEFORE
                   HON'BLE MR. JUSTICE DEVASHIS BARUAH
                                 ORDER

22.06.2023 Heard Mr. M. Nath, the learned counsel for the appellant and Mr. M. U. Ahmed, the learned counsel appearing on behalf of the respondent No.1. Apart from that, the respondent No.1 is also present in person before this Court.

2. The instant appeal has been filed being aggrieved by the quantum of Page No.# 2/2

compensation so awarded to the appellant by the learned Trial Court.

3. This Court is of the opinion that the appeal requires to be admitted, and accordingly, the appeal stands admitted. It further appears from the record that LCR is received, and accordingly, let the appeal be listed for hearing on 12.09.2023.

4. This Court, however, finds it relevant to observe that the learned Trial Court, i.e. the Court of the District Judge, Dibrugarh in Title Suit (M) No.6/2014 vide the impugned judgment and order dated 05.09.2017 had directed the respondent No.1 herein to pay an amount of Rs.2,00,000/- to the appellant. There is no challenge to the said direction by the respondent No.1. Under such circumstances, the said amount of Rs.2,00,000/- ought to have been paid by now to the appellant. It appears that the said judgment was pronounced in the year 2017 and almost 6 years have elapsed and the said amount of Rs.2,00,000/- has not yet been paid to the appellant.

5. Considering the statement made by the respondent in person, this Court directs the respondent No.1 to deposit the amount of Rs.2,00,000/- within a period of 2 (two) months from today before the Registry of this Court without fail.

6. The appellant would be at liberty to withdraw the said amount without prejudice to her rights in the instant appeal.

7. List accordingly.

JUDGE Comparing Assistant