M/S Barpeta Agro Infra vs Bulu Kumar Roy And Ors
2024 Latest Caselaw 5059 Gua

Gauhati High Court

M/S Barpeta Agro Infra vs Bulu Kumar Roy And Ors on 23 July, 2024

                                                                  Page No.# 1/3

GAHC010237192023




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

                                  Case No. : RSA/212/2023

            M/S BARPETA AGRO INFRA
            REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT
            PLOT NO. 1297, ROAD NO. 63, JUBILEE HILLS, HYDERABAD
            (TELANGANA) AND ALSO HAVING ITS GODOWN SITUATED AT
            KALITAPARA, SORBHOG, BARPETA, REPRESENTED BY ITS GODOWN
            MANAGER CUM INCHARGE MR. GOPINATH MODUGU, AGED ABOUT 41
            YEARS.



            VERSUS

            BULU KUMAR ROY AND ORS
            S/O LOHIT CHANDRA ROY,
            RESIDENT OF VILLAGE KALITAPARA, MOUZA DAMAKA CHAKA BOUSI,
            DIST BARPETA, ASSAM ,

            2:SUWADA ROY
            W/O LATE KALYAN ROY

            RESIDENT OF VILLAGE KALITAPARA
            MOUZA DAMAKA CHAKA BOUSI
            DIST BARPETA
            ASSAM


            3:GOBARDHAN DAS
             S/O LATE KRISHNA KANTA ROY
            RESIDENT OF KALITAPARA
             SORBHOG
             BARPETA
            ASSA

Advocate for the Petitioner   : MR. L TALUKDAR
                                                                         Page No.# 2/3


Advocate for the Respondent :




                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

23.07.2024

1. Heard Mr. L. Talukdar, learned counsel for the appellant.

2. This appeal under Section 100 read with Order XLII, Rule 1 & 2 of the Code of Civil Procedure, 1908 has been filed by the appellant, M/S Barpeta Agro Infra, impugning the Appellate Judgment and Decree dated 25.08.2023, passed by the learned Civil Judge (Sr. Div), Barpeta in Title Appeal No. 06/2023 and order dated 25.08.2023, passed by the learned Civil Judge (Sr. Div), Barpeta in Misc.(J) Case No. 30/2023, whereby, the first appeal preferred by the appellant was dismissed on the ground barred by limitation.

3. On considering the submissions made by the learned counsel for the appellant as well as perusal of the materials on record, following substantial question(s) of law are framed in this appeal:-

I. Whether the First Appellate Court was right in not considering the Apex Court directions to exclude the Covid-19 pandemic period by completing the delay in filing of the Title Appeal No. 06/2023?

II. Whether mere mutation of the respondents in respect of Schedule B(3) suit land without having legally valid Sale Deed and possessing could confer title to them to nullify a valid title and possession of the applicant?

Page No.# 3/3

III. Whether the plaintiff can secure a decree without proving his case merely because the suit proceeded ex-parte in the absence of the defendants?

4. Issue notice to the respondents.

5. The appellant shall take steps for issuance of notice to the respondents through usual mode as well as through registered post with A/D

within three days from the date of this order, returnable on 20 th August, 2024.

6. Let the case record of Title Appeal No. 06/2023 as well as Misc.(J) Case No. 30/2023, be called for from the Court of the learned Civil Judge (Sr. Div), Barpeta.

7. The Registry to take steps for requisitioning the Title Appeal.

JUDGE

Comparing Assistant