Sahar Ali vs Hanif Ali And 3 Ors
2024 Latest Caselaw 8569 Gua

Gauhati High Court

Sahar Ali vs Hanif Ali And 3 Ors on 22 November, 2024

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GAHC010230112024




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

                          Case No. : CRP(IO)/481/2024

         SAHAR ALI
         S/O- LATE ABDUL SATTAR,R/O- VILLAGE- DHEKERIGAON, MOUZA- PUB-
         SIALMARI, P.S- DALGAON, DIST- DARRANG, ASSAM



         VERSUS

         HANIF ALI AND 3 ORS.
         S/O- SURUJ ALI,
         R/O- VILLAGE-KACHARIPARA GAON,
         MOUZA- PUB- SIALMARI,
         P.S- DALGAON, DIST- DARRANG, ASSAM

         2:NURUDDIN
          S/O- LATE GOLAP ALI KHALIFA

         R/O- VILLAGE-RUHINIKASH


         P.S- DALGAON
          DIST- DARRANG
         ASSAM

         3:HAIDAR ALI
          S/O- NURUDDIN

         R/O- VILLAGE-RUHINIKASH


         P.S- DALGAON
          DIST- DARRANG
         ASSAM
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             4:AKKASH ALI
              S/O- LATE LAJYA SEIKH

             R/O- VILLAGE-KACHARIPARA GAON

             MOUZA- PUB- SIALMARI

             P.S- DALGAON
              DIST- DARRANG
             ASSA

Advocate for the Petitioner   : MR. B HALDAR, MS S. BASAK,MR B DEORI

Advocate for the Respondent : ,




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

22.11.2024

Heard Mr. B. Haldar, learned counsel for the petitioner.

2. In this petition under Article 227 of the Constitution of India, the petitioner has challenged the correctness or otherwise of the order dated 11.09.2024 passed by the learned Civil Judge (Junior Division) No.2, Mangaldai, in Petition No.571/2024, arising out of Title Suit No.77/2019 and thereby closed the evidence of the plaintiff's witness and fixed the case for DW.

3. Mr. Haldar, learned counsel for the petitioner submits that the petitioner could not file the evidence of PWs on account of absence of two case records, viz. C.R. Case No.46/2018 along with its judgment dated 08.11.2019 and Misc. Case No.217/2018-19, which were called for from the Court of learned Judicial Magistrate First Class, Darrang, Mangaldai and from the office of the Circle Officer, Dalgaon Revenue Circle and that thereafter, the Court was also remained vacant, for which the petitioner could not file the evidence of PWs in time and that he may be granted only one chance to file the evidence Page No.# 3/3

of the PWs.

4. Having heard the submission of learned counsel for the petitioner, I have carefully gone through the petition and the documents placed on record and also perused the impugned order, dated 11.09.2024.

5. It appears that the learned Trial Court, in the impugned order, dated 11.09.2024 has held that the petitioner was granted several opportunities on various dates and he has consistently failed to comply with the order.

6. Having considered the submission of Mr. Haldar, learned counsel for the petitioner and also considering the given facts and circumstances on the record, this Court is inclined to dispose of this revision petition by setting aside the impugned order dated 11.09.2024 and directing the learned Trial Court to afford only one opportunity to the petitioner to adduce the evidence of PWs. The petitioner shall appear before the learned Trial Court on or before 02.12.2024 and shall file the evidence of PWs and the learned Trial Court shall, on filing the evidence of PWs, accept the same and thereafter, proceed to next stage of the suit.

7. In terms of above, this revision petition stands disposed of.

Sd/- Robin Phukan JUDGE

Comparing Assistant