Gauhati High Court

Page No.# 1/3 vs Kamaleswari Rabha And 4 Ors on 1 May, 2024

                                                                 Page No.# 1/3

GAHC010074392023




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

                            Case No. : RFA/16/2023

         LABA RABHA AND ANR.
         S/O LATE KALIA RABHA JATIA,
         KAHILIPARA ROAD, PO ASSAM SACHIBALAYA, GUWAHATI 6, PS
         KAHILIPARA, DIST KAMRUP M ASSAM

         2: SRI KUSHA RABHA
          S/O LATE KALIA RABHA JATIA

         KAHILIPARA ROAD
         PO ASSAM SACHIBALAYA
         GUWAHATI 6
         PS KAHILIPARA
         DIST KAMRUP M ASSA

         VERSUS

         KAMALESWARI RABHA AND 4 ORS.
         W/O LATE PARESH RABHA
         RESIDENT OF JATIA, KAHILIPARA ROAD, PO ASSAM SACHIBALAYA,
         GUWAHATI 6, PS KAHILIPARA, DIST KAMRUP M ASSAM

         2:THE STATE OF ASSAM
          REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
          DEPARTMENT OF REVENUE
          DISPUR
          GUWAHATI 6

         3:THE DEPUTY COMMISSIONER
          KAMRUP (M) HENGRABARI
          GUWAHATI

         4:THE CIRCLE OFFICER
          DISPUR REVENUE CIRCLE
         PO BASISTHA
                                                                             Page No.# 2/3

             GUWAHATI

             5:SMTI SOMESWARI RABHA
             W/O PARIKHIT KALITA
             RESIDENT OF JANAKPUR PATH
              KAHILIPARA
              GUWAHATI 6
              KAMRUP M ASSA

Advocate for the Petitioner   : MR K TALUKDAR

Advocate for the Respondent : DR. P K GOSWAMI




                                    BEFORE
                     HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                     ORDER

01.05.2024

Heard Mr. B. C. Talukdar, learned counsel for the appellant. Also heard Dr. P. K. Goswami, learned counsel for the respondent Nos. 1 and 5 as well as Mr. J. Singh, learned Government Advocate, Assam for the respondent Nos.3 and 4.

This appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure challenging the Judgment and Decree dated 17.11.2020 passed by the learned Civil Judge No.2, Kamrup (M), Guwahati in T. S. Case No. 96/2017, whereby, decreeing the suit on contest without cost.

Issue notice to the respondent No.2, returnable within 3 (three) weeks.

Since, Mr. J. Singh, learned Government Advocate, Assam has entered appearance and accepted notice on behalf of State respondent Nos. 3 and 4, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition during the course of the day, if not already furnished.

Page No.# 3/3

The learned counsel for the appellant shall take steps for causing service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within 3(three) days from today.

Also call for the LCR from the learned Court below.

List the matter for Admission hearing after 3(three) weeks.

Registry is hereby directed to reflect the name of Mr. J. Singh, learned Government Advocate appearing on behalf of the respondent Nos. 3 and 4 in the cause list.

JUDGE

Comparing Assistant