Dilip Kumar Kankaria vs M/S Nathmall Rajkumar (Huf)
2024 Latest Caselaw 8587 Gua

Gauhati High Court

Dilip Kumar Kankaria vs M/S Nathmall Rajkumar (Huf) on 22 November, 2024

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GAHC010235202024




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

                                  Case No. : CRP/125/2024

             DILIP KUMAR KANKARIA
             S/O- LATE KANCHAN LAL KANKARIA, C/O- GIFT HOUSE, MALIRAM
             LOHIA MARKET, H.B. ROAD, FANCY BAZAR, GUWAHATI, ASSAM-781001.

             VERSUS

             M/S NATHMALL RAJKUMAR (HUF)
             MALIRAM LOHIA MARKET, H.B. ROAD, FANCY BAZAR,
             GUWAHATI,ASSAM-781001, REPRESENTED BY ITS MEMBER SRI RAJ
             KUMAR AGARWAL

Advocate for the Petitioner   : MR G N SAHEWALLA, MD ASLAM,MS. S. TODI,MS K SARMA

Advocate for the Respondent : ,




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

22.11.2024

Heard Mr. G.N. Sahewalla, learned Senior counsel assisted by Ms. K. Sarma, learned counsel for the petitioner.

In this revision petition under Section 115, read with Section 151 of the Code of Civil Procedure, 1908, the petitioner has challenged the correctness or otherwise of the judgment dated 05.08.2024 passed by the learned Civil Judge (Senior Division) No.1, Page No.# 2/2

Kamrup(M), Guwahati, in Title Appeal No.19/2017, whereby the learned Appellate Court has dismissed the appeal and thereby affirmed the judgment dated 15.05.2015 passed by the learned Munsiff No.4, Kamrup(M), Guwahati, in Title Suit No.468/2012.

Perused the petition and the documents placed on record and also perused the impugned judgment dated 05.08.2024 passed by the learned Civil Judge (Senior Division) No.1, Kamrup(M), Guwahati, in Title Appeal No.19/2017 and also the judgment dated 15.05.2015 passed by the learned Munsiff No.4, Kamrup(M), Guwahati, in Title Suit No.468/2012.

Let notice be issued to the respondent, returnable within 4(four) weeks.

Step be taken by registered post with A/D and also by usual process within a week from today.

Mr. Sahewalla, learned Senior counsel for the petitioner submits that there is a requirement for staying the impugned judgment dated 05.08.2024, as the respondent herein may put the decree in execution and in the event of execution of the decree, this revision petition would be infructuous.

Considering the submission of Mr. Sahewalla, learned Senior counsel for the petitioner and also considering the facts and circumstances on the record, the impugned judgment dated 05.08.2024 passed by the learned Civil Judge (Senior Division) No.1, Kamrup(M), Guwahati, in Title Appeal No.19/2017, stands stayed, till the returnable date.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant