Page No.# 1/3 vs On The Death Of Maya Devi Bamuni Her ...
2023 Latest Caselaw 3805 Gua

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GAHC010005822009




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

                               Case No. : RSA/138/2009

          AM NARAYAN UPADHAYA and ANR,
          S/O LATE JAYANARAYAN UPADHYAY.

          2: SMTI. GANGA DEVI

           W/O LATE JAYANARAYAN UPADHYAY
           BOTH ARE RESIDING AT VILL. KANYAGHAT
           MOUZA BALIPARA
           P.S. RANGAPARA
           DIST. SONITPUR
           ASSAM

          VERSUS

          ON THE DEATH OF MAYA DEVI BAMUNI HER LEGAL HEIRS SMT.
          BHAGIRATHI DEVI DAU.
          AS PER HON'BLE COURT'S ORDER DTD. 07.02.2012 IN MC. NO. 3689/2011


Advocate for the Petitioner : D MAZUMDAR
Advocate for the Respondent : MR.S CHAKRABARTY

          Linked Case : RSA/127/2014

          AM NARAYAN UPADHYAY
          S/O LT. JAY NARAYAN UPADHAY
          R/O VILL. KANYAGHAT
          MOUZA-BALIPARA
          DIST. SONITPUR
          ASSAM.


           VERSUS
                                                                               Page No.# 2/3

           BHAGIRATHI DEBI and ANR.
           D/O LT. JOY NARAYAN UPADHAYAY
           R/O VILL. KANYAGHAT
           MOUZA-BALIPAA
           DIST. SONITPUR
           ASSAM.

           2:ABDUL JABBAR
           S/O LT. ABDUL GAFUR
           VILL. KEKOKALI
            MOUZA-BALIPARA
            DIST. SONITPUR
           ASSAM
            ------------
           Advocate for : MR. D MAZUMDAR
           Advocate for : MS.B DAS appearing for BHAGIRATHI DEBI and ANR.



                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

19-09-2023 Heard Shri D. Mazumdar, learned Senior Counsel for the appellant whereas Shri A. Dasgupta, learned Senior Counsel is present for the respondents.

This appeal is against a judgment of reversal wherein the First Appellate Court had reversed the judgment and findings of the Trial Court which had dismissed the suit of the plaintiffs/respondents. It appears that in the meantime, the original plaintiff had passed away and has been substituted by her daughter. This Court has also been informed that the parties are related through a common father and are living in the same campus though separately.

Under those circumstances, it appears that the present may be a case wherein an out of Court settlement may be possible.

This Court is also of the view that an amicable settlement is desirable which should be in the interest of both the parties.

In view of the above, let an opportunity be granted to the parties to explore the option of having an out of Court settlement for which a week's time is granted to Page No.# 3/3

obtain necessary instructions.

Depending on the said instructions, this Court would pass necessary orders. As agreed to by the learned counsel for the parties, list on 25.09.2023.

JUDGE

Comparing Assistant