Gauhati High Court
Page No.# 1/5 vs Maina Devi Agarwal And 6 Ors on 7 June, 2024
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/5
GAHC010081812024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/50/2024
ETUA URANG AND 4 ORS
S/O LATE MUKTI URANG,
RESIDENT OF NEW DEVELOPMENT, JYOTI NAGAR, TINSUKIA, PO, PS AND
DIST TINSUKIA, ASSAM 786125
2: SRI FAGU URANG @ PETRA URANG
S/O LATE MUKTI URANG
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 786125
3.1: ON THE DEATH OF MANGRU URANG
HIS LEGAL HEIRS
RANU BAKHLA (URANG)
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 786125
3.2: SABITRI URANG
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 786125
3.3: SANJAY URANG
Page No.# 2/5
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 786125
3.4: PROMILA URANG
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 786125
3.5: MONJU KHALKHO (URANG)
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 786125
3.6: AJAY URANG
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 786125
4: SMTI SUSHILA URANG
W/O LATE NAMIR URANG
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 786125
5: SRI RITIL URANG
S/O SRI JITU URANG
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
Page No.# 3/5
PS AND DIST TINSUKIA
ASSAM 78612
VERSUS
MAINA DEVI AGARWAL AND 6 ORS
W/O SRI RAMESH AGARWAL
RESIDENT OF S.R LOHIA ROAD, TINSUKIA TOWN, PO . PS AND DIST
TINSUKIA, ASSAM 786125
2:SRI RAJESH KUMAR AGARWAL
S/O SRI RAJ KUMAR AGARWAL
RESIDENT OF BHARAT BHUMIJ PATH
PO AND PS DOOMDOOMA
DIST TINSUKIA
ASSAM 786151
3:SRI RAVI BANSAL
S/O SRI RAMESH KUMAR AGARWAL
RESIDENT OF CHIRWAPATTY
TINSUKIA TOWN
PO
PS AND DIST TINSUKIA
ASSAM 786125
4:SRI SUMEET AGARWAL
S/O SRI RAMESH AGARWAL
RESIDENT OF CHIRWAPATTY
TINSUKIA TOWN
PO
PS AND DIST TINSUKIA ASSAM 786125
5:SRI NIKITA GOEL
D/O SRI SUSHIL KUMAR GOEL
RESIDENT OF CHALIHA NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 786125
6:SRI RAJESH URANG
S/O SRI ETWA URANG
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
Page No.# 4/5
PO
PS AND DIST TINSUKIA
ASSAM 786125
7:SMTI SABANA BEGUM
W/O MD. NOOR ALAM
RESIDENT OF NEW DEVELOPMENT
JYOTI NAGAR
TINSUKIA
PO
PS AND DIST TINSUKIA
ASSAM 78612
Advocate for the Petitioner : MR R ISLAM
Advocate for the Respondent : MR. SAILENDRA DEKA
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
07.06.2024
Heard Shri P.S. Deka, learned Senior Counsel assisted by Shri R. Islam, learned
counsel for the petitioner whereas the respondent nos. 1 to 5 are represented by Shri
B. Dutta, learned Senior Counsel assisted by Shri S. Deka, learned counsel. The
respondent no. 6 is represented by Shri P.J. Saikia, learned counsel and the
respondent no. 7 is represented by Shri A.K. Gupta, learned counsel.
The present application has been filed under Section 115 and 151 of the CPC
read with Article 227 of the Constitution of India against an order dated 05.02.2024
passed in Misc. (J) Case No. 49/2023 arising out of T.S. No. 36/2019 by the learned
Civil Judge, Senior Division, Tinsukia whereby the said petition filed by the petitioners
who were the defendant nos. 2 to 6 in the Suit under proviso to Rule 3 of Order 23 of
the CPC for recalling of the compromise judgment and decree has been rejected.
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This Court has however noticed that in the relief claimed, the compromise
decree itself has been prayed to be set aside which perhaps cannot be gone into by a
Court exercising revisional jurisdiction. Be that as it may, the legality and correctness
of the impugned order dated 05.02.2024 can be a subject matter of scrutiny by this
Court.
Notice was issued in this case on 15.05.2024 and an observation was made that
the prayer for interim order would be considered on the next date.
Shri Deka, the learned Senior Counsel for the petitioners has submitted that the
compromise decree is an outcome of a fraud which has been done by the respondents
in collusion with the so called power of attorney of the present petitioners.
This Court is of the opinion that since fraud has been alleged, interest of justice
may require some protection to be given to the petitioners. At the same time, this
Court has seen that the decree as such is not the subject matter of challenge till now
in any appeal. Therefore, while this Court is inclined to give some interim protection
till the next date fixed, let the entire matter be taken up for final consideration on the
next date.
At this stage, Shri Dutta, the learned Senior Counsel for the respondent nos. 1
to 5 has undertaken that till the next date fixed, no further steps will be taken in the
execution case.
Considering the said statement, list this case for consideration on 23.07.2024 on
which date an endeavour would be made to dispose of the petition.
JUDGE
Comparing Assistant
