Gauhati High Court
Page No.# 1/4 vs Sri Ram Kumar Mistry And Anr on 22 November, 2024
Page No.# 1/4
GAHC010149212024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/122/2024
ON THE DEATH OF SRI RAM NARAYAN SARMAH @ MISTRY HIS LEGAL
HEIRS JANKI DEVI AND 8 ORS
W/O LATE RAM NARAYAN SARMAH @ MISTRY, R/O DHEKIAJULI TOWN,
WARD NO. 2, P.O AND P.S - DHEKIAJULI, DIST- SONITPUR, ASSAM.
2: MONISANKAR SARMAH
S/O- LATE RAM NARAYAN SARMAH @ MISTRY
R/O- VILL.- BHALUKDHARA DHEKIAJULI
P.O. AND P.S. DHEKIAJULI
DIST. SONITPUR
ASSAM
3: SIV SANKAR SARMAH
S/O- LATE RAM NARAYAN SARMAH @ MISTRY
R/O- MOINAJULI
DHEKIAJULI
P.O. AND P.S. DHEKIAJULI
DIST. SONITPUR
ASSAM
4: UMA SANKAR SARMAH
S/O- LATE RAM NARAYAN SARMAH @ MISTRY
R/O- MISSAH
NAGAON
ASSAM
5: TINKU SARMAH @ TINKU SHANKAR SARMAH
S/O- LATE RAM NARAYAN SARMAH @ MISTRY
R/O- DHEKIAJULI TOWN
WARD NO. 2
P.O. AND P.S. DHEKIAJULI
DIST. SONITPUR
ASSAM
Page No.# 2/4
6: PRADIP SARMAH
S/O- LATE RAM NARAYAN SARMAH @ MISTRY
R/O- DHEKIAJULI TOWN
WARD NO. 2
P.O. AND P.S. DHEKIAJULI
DIST. SONITPUR
ASSAM
7: KIRAN SARMAH
W/O- PANKAJ SARMAH
R/O- BAMUNIMAIDAN
GUWAHATI
DIST. KAMRUP(M)
ASSAM
8: PRATIMA SARMAH
W/O- SRI RANJIT SARMAH
R/O- DHEKIAJULI TOWN
WARD NO. 2
P.O. AND P.S. DHEKIAJULI
DIST. SONITPUR
ASSAM
9: SANGITA SARMAH
W/O- SRI UPENDRA SARMAH
R/O- P.O.MAHUWA CHOWK
DIST. HAJPUR
BIHAR
VERSUS
SRI RAM KUMAR MISTRY AND ANR.
S/O LATE MUNSI MISTRY, RESIDENT OF DHEKIAJULI TOWN, WARD NO. 2,
P.O AND P.S - DHEKIAJULI, DISTRICT- SONITPUR,PIN- 784110, ASSAM.
2:SRI SUDIR KUMAR MISTRY
S/O- LATE SUDARSHAN MISTRY
R/O- MOILA ALI
SIRAJUL DHEKIAJULI
P.O. AND P.S. DHEKIAJULI
DIST. SONITPUR
ASSA
Advocate for the Petitioner : MR B DEORI, MR. B HALDAR,MR G BHARADWAJ
Advocate for the Respondent : MR. A GANGULY,
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BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 22.11.2024
Heard Mr. A. C Sarma, learned Senior Counsel assisted by Mr. B Haldar,
learned counsel for the petitioners; Mr. A Ganguly, learned counsel for the
respondent Nos.1 & 2.
This revision petition is directed against the Judgment and Order passed
by the learned District Judge, Sonitpur in Title Appeal No. 02/2021 dated
03.08.2023, by which the learned District Judge, Sonitpur has uphold the
Judgment and Order dated 24.02.2021 passed by the learned Munsiff No.1,
Sonitpur (Civil Judge Jr. Div No.1) in Title Suit No. 82/2015.
Perused the memo of appeal and the grounds mentioned therein and also
perused the impugned Judgment and Order dated 03.08.2023 passed in Title
Appeal No. 02/2021, and the Judgment and Order dated 24.02.2021 passed in
Title Suit No. 82/2015.
Admit.
Let notice be issued to the respondents, however no formal notice is need
to be required to the respondent Nos. 1 & 2, since Mr. A. Ganguly, has entered
appearance and received notice, however extra requisite copies of the petition
be served upon him during the course of the day.
Mr. A.C. Sarma, learned Senior Counsel for the petitioners submits that
respondent Nos. 3,4 & 5 are proforma respondents and they are not necessary
party and their name may be struck off from the array of respondents.
Page No.# 4/4
Accordingly, it is provided that the name of the respondent Nos. 3,4 & 5
are struck off from the array of respondents at the risk of the petitioners.
Registry shall call for the records from the learned courts below.
Mr. A. C. Sarma, learned Senior Counsel for the petitioner also submits
that there is an requirement for staying the impugned Judgment and Order
since the respondents herein have already initiated Title Execution Case No.
07/2021 till disposal of the revision petition.
Having considered the submissions of learned advocates of both sides and
also considering the facts and circumstances of the record the impugned
Judgment and Order dated 03.08.2023 stands stayed and also the judgment
and order dated 24.02.2021 passed the learned Munsiff No.1, Sonitpur (Civil
Judge Jr. Div No.1) stands stayed till disposal of the revision petition.
List the matter on 28.11.2024, on that day an effort will be made to finally
hear and dispose of the petition.
JUDGE
Comparing Assistant
