Bhuban Mohan Das vs Samaresh Banerjee And Ors
2024 Latest Caselaw 3156 Gua

Gauhati High Court

Bhuban Mohan Das vs Samaresh Banerjee And Ors on 9 May, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

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GAHC010004092008




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

                            Case No. : RSA/134/2008

         BHUBAN MOHAN DAS
         S/O LT. BANESWAR DAS, R/O VILL. SATPUR, PO. LOHARGHAT, DIST.
         KAMRUP, ASSAM.



         VERSUS

         SAMARESH BANERJEE and ORS
         S/O LT. BINOY KRISHNA BANERJEE, VIL. SATPUR, PO. LOHARGHAT,
         DISET. KAMRUP, ASSAM, PRESENTLY RESIDING AT JYOTI HOMEO HOME,
         NEAR OFFICE OF THE FIRE BRIGADE, MIRZA, P.O. MIRJA, DIST. KAMRUP,
         ASSAM.

         2:SABITA CHATTERJEE

          D/O LT. BINOY KRISHNA BANERJEE
          W/O LT. BISWAJIT CHATTERJEE
          R/O GAURI SARMAH COLONY
          FATASIL
          GUWAHATI-9

         3:SANDHYA MUKHERJEE

          D/O LT. BINOY KRISHNA BANERJEE
          W/O B. MUKHERJEE
          R/O GAURI SARMAH COLONY
          FATASIL
          GUWAHATI-9

         4:4. SANTIRAM KALITA

          VILL. MIRZA LACHITNAGAR
          PO. MIRZA
                                                                  Page No.# 2/4

            DIST. KAMRUP
            ASSAM

            5:ON DEATH OF SANTI RAM KALITA DEFENDANT NO.4


            6:4A SUNANDA KALITA


            7:4B RABIN KALITA


            8:4C NIRALA DAS


            9:4D KUSHAL KALITA


            10:4E AMAL KALITA


            11:4F BIMAL KALITA


            12:4G PANKAJ KALITA


            13:4H BHABEN KALITA

            DEFENDANT NO.4A TO 4H ARE THE SONS AND DAUGHTERS OF
            DEFENDANT NO.4.
            DEFENDANT NO. 4D TO 4H AE RESIDENTS OF VIL. MIRZA LACHITNAGAR
            PO. MIRZA
            DT. KAMRUP
            ASSAM. AND 4C IS THE RESIDENT OF VILL. NAGARBERA
            PO. NAGERBERA
            DT. KAMRUP
            ASSAM

For the Petitioner(s)           : Mr. D. Choudhury, Advocate

For the Respondent(s)           : None appears.
                                                                            Page No.# 3/4


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 09.05.2024

1. The instant appeal has been heard at length.

2. Upon hearing, this Court finds that in addition to the substantial questions of law so formulated on 03.12.2008, the following additional substantial question of law is required to be formulated:

"Whether the learned First Appellate Court was justified in reversing the judgment and decree passed by the learned Trial Court without considering Section 13 of the Specific Relief Act, 1963 inasmuch as Exhibit-2 was duly proved as has been held by the Courts below?"

3. This Court however finds it very pertinent to take note of that on 03.08.2023, the Appellant herein was directed to issue notice upon the Respondents. Thereupon no steps have been taken in that regard.

4. Mr. D. Choudhury, the learned counsel appearing on behalf of the Appellant submitted that the Respondent No.4 as well as his legal representatives had never contested the instant proceedings. He therefore submitted that the name of the Respondent Nos. 4(a) to 4(h) may be struck off.

5. Accordingly, the names of the Respondent Nos. 4(a) to 4(h) are strikes off. The learned counsel for the Appellant shall file a fresh Memo of Parties before the Registry and the Registry shall then do the needful.

6. The Appellant is directed to take steps upon the Respondent Nos. 1, 2 and 3 by way of Registered Post with A/D as well as through usual process within 7 (seven) days.

Page No.# 4/4

7. The Appellant is further directed to take steps upon the Respondent Nos. 1, 2 and 3 by way of dasti routed through the Registry of this Court and file an affidavit of service on or before the next date.

8. The service by way of dasti can be affected through an advocate clerk however the affidavit has to be filed by the person who has affected the service.

9. List the matter again on 18.07.2024.

JUDGE

Comparing Assistant