Mondira Sarmah vs Sumala Saikia And 2 Ors
2024 Latest Caselaw 8633 Gua

Gauhati High Court

Mondira Sarmah vs Sumala Saikia And 2 Ors on 25 November, 2024

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GAHC010242772024




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

                          Case No. : RFA/67/2024

         MONDIRA SARMAH
         W/O LATE SUNIL SARMA,
         RESIDENT OF HOUSE NO. 336, BARUA ROAD CHANDAN NAGAR,
         GOLAGHAT PS GOLAGHAT, PO BORPOTHORUWA, DIST GOLAGHAT,
         ASSAM

         VERSUS

         SUMALA SAIKIA AND 2 ORS
         W/O LATE MOHENDRA NATH SAIKIA,
         RESIDENT OF 75 JAMURIGAON ROAD, BORPOTHORUWA,
         BENGENAKHOWA , PS GOLAGHAT, PO BORPOTHORUWA, DIST
         GOLAGHAT, ASSAM

         2:SRI ATUL SAIKIA
          S/O LATE MOHENDRA NATH SAIKIA
          RESIDENT OF 75 JAMURIGAON ROAD
          BORPOTHORUWA
          BENGENAKHOWA
          PS GOLAGHAT
          PO BORPOTHORUWA
          DIST GOLAGHAT
         ASSAM

         3:SRI LOBAJYOTI SAIKIA
          S/O LATE MOHENDRA NATH SAIKIA
          RESIDENT OF 75 JAMURIGAON ROAD
          BORPOTHORUWA
          BENGENAKHOWA
          PS GOLAGHAT
          PO BORPOTHORUWA
          DIST GOLAGHAT
         ASSA
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Advocate for the Petitioner   : MR R SENSUA, R A LAHKAR,M. A. OASIS,G KAUSHIK

Advocate for the Respondent : ,


                                    BEFORE
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                    ORDER

25.11.2024

Heard Mr. R. Sensua, learned counsel for the appellant.

2. This appeal, under Section 96 read with Order XLI Rule 1 of the C.P.C., is directed against the Judgment and Decree dated 19.09.2024, passed in Title Suit No. 02/2024 and Misc. (J) Case No. 07/2024, by the learned Civil Judge (Senior Division), Golaghat.

3. It is to be noted here that vide Judgment and Decree dated 19.09.2024, the learned Civil Judge (Senior Division), Golaghat has partly decreed the suit on the following reliefs:-

"(i) The plaintiff is entitled to recover Rs.

9,50,000/- (Rupees Nine Lakhs Fifty Thousand) i.e. the advance consideration with interest @ 7% per annum from 20.01.2024, the date of last payment made by plaintiff, till realization, from the defendant No.1;

(ii) The plaintiff is also entitled to recover Rs.2,50,000/- with interest @ 6% per annum from the date of this order till realization from the defendant No.1; and

(iii)Cost of the suit."

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4. Perused the memo of appeal as well as the grounds mentioned therein and also perused the impugned Judgment and Decree dated 19.09.2024, passed in Title Suit No. 02/2024 and Misc. (J) Case No. 07/2024, by the learned Civil Judge (Senior Division), Golaghat.

5. Having heard the submission of learned counsel for the appellant, this appeal is admitted.

6. Let notice be issued to the respondents, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process.

7. The Registry shall call for the record from the learned trial court.

8. List the matter after 4 (four) weeks.

JUDGE Comparing Assistant