Page No.# 1/3 vs Upendra Nath Goswami
2024 Latest Caselaw 6362 Gua

Gauhati High Court

Page No.# 1/3 vs Upendra Nath Goswami on 30 August, 2024

                                                                 Page No.# 1/3

GAHC010166822024




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

                           Case No. : RSA/157/2024

         ROHIT CHOUDHURY AND 5 ORS
         S/O RAJ KUMAR CHOUDHURY,
         RESIDENT OF ASSAM ISPAT COMPLEX, N.S ROAD, FATASHIL, PS AND PO
         BHARALUMUKH, GUWAHATI 781009, ASSAM

         2: SRI PRAKASH SANGANERIA
          S/O LATE BHIKAMCHAND SANGANERIA
          RESIDENT OF ARUN PRAKASH MANSION
          GS ROAD
          BHANGAGARH
          PS AND PO BHANGAGARH
          GUWAHATI 781005
          DIST KAMRUP(M) ASSAM

         3: SRI ABHISHEK JALAN
          S/O RAMAVATAR JALAN

         RESIDENT OF GS ROAD
         PS AND PO DISPUR GUWAHATI 781005
         DIST KAMRUP M ASSAM

         4: SRI DEEPAK KAYAL
          S/O LATE DEOKINANDA KAYAL
         RESIDENT OF PANBAZAR PS AND PO PANBAZAR
          GUWAHATI 781001 ASSAM
          KAMRUP M

         5: SRI SANJAY KHEMKA
          S/O SAWARMAL KHEMKA
         RESIDENT OF GS ROAD
         PS AND PO BHANGAGARH
          GUWAHATI 781005 DIST KAMRUP M ASSAM

         6: SRI SUSHIL KUMAR TODI
                                                                        Page No.# 2/3

             S/O LATE M.P TODI

            RESIDENT OF A.C ROAD
            PS PALTAN BAZAAR
            PO REHABARI
            GUWAHATI 781008 ASSAM
            KAMRUP M ASSA

            VERSUS

            UPENDRA NATH GOSWAMI
            S/O LATE SARBESWAR GOSWAMI,
            RESIDENT OF VILLAGE LACHI BISHNOUR, PS KAYAN, PO GOPALUR, DIST
            KAMRUP (R) ASSAM



Advocate for the Petitioner   : MR. N ALAM, MR K JAIN,S A BAKHTIAR

Advocate for the Respondent : ,




                                    BEFORE
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                         ORDER

Date : 30.08.2024

Heard Mr. N. Alam, learned counsel for the appellants.

2. This is a regular second appeal under Section 100 of the CPC, read with Order 42 Rule 2 of the CPC, read with Section 151 of the CPC against the ex- parte judgment and decree dated 16.03.2024, passed in Title Appeal No. 03/2024, passed by the learned District Judge, Kamrup, Amingaon by which the appeal of the appellants/plaintiffs has been dismissed with certain modification in respect of quantum of recovery of money.

3. The appeal is admitted on the following substantial question of law:

(i) Whether the impugned judgment and decree of both the learned Courts below are nullity in the eye of law for non-consideration of mutation/revenue Page No.# 3/3

records, although nothing contrary had been pleaded or proved by the respondent ?

4. Issue notice returnable in four weeks.

5. Steps be taken upon the respondent by way of registered post with A/D within a week from today.

6. Call for the records from the Courts of learned District Judge, Kamrup, Amingaon as well as learned Civil Judge, Kamrup, Amingaon.

7. List the matter after four weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant