Citation : 2024 Latest Caselaw 7978 Gua
Judgement Date : 23 October, 2024
Page No.# 1/2
GAHC010204552024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/414/2024
RAFIUL HUSSAIN
S/O- LATE BADARUL HUSSAIN,
R/O- H.NO-220, F.A ROAD MACHKHOWA, DIST- KAMRUP (M), PIN-781009,
ASSAM
VERSUS
HARI NARAYAN SINGH
S/O- LATE KRISHNA DEO SINGH,
R/O- C/O- M/S NEHA GLASS AND PLYWOOD, A.T ROAD, MACHKHOWA,
DIST- KAMRUP (M), PIN-781009, ASSAM
Advocate for the Petitioner : MR. A IKBAL, MR. R BARUAH,MS S SIDDIQUA,MS. M NATH
Advocate for the Respondent : ,
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
23.10.2024
Heard Mr. A. Ikbal, learned counsel for the petitioner.
This petition under Article 227 of the Constitution of India, read with Section 151 of Page No.# 2/2
the Code of Civil Procedure, 1908, is directed against the judgment and order dated
20.06.2024 passed by the learned Civil Judge (Senior Division) No.1, Kamrup(M),
Guwahati, in Title Appeal No.15/2023. It is to be noted here that vide impugned
judgment and order dated 20.06.2024, the learned Civil Judge (Senior Division) No.1,
Kamrup(M), Guwahati, has allowed the Title Appeal No.15/2023 and thereby set aside the
ex-parte judgment and decree dated 31.05.2017 passed by the learned Munsiff No.1,
Kamrup(M), Guwahati, in Title Suit No.243/2016.
Perused the petition and the documents placed on record and also perused the
impugned judgment and order dated 20.06.2024, passed by the learned Civil Judge
(Senior Division) No.1, Kamrup(M), Guwahati and the ex-parte judgment and decree
dated 31.05.2017 passed by the learned Munsiff No.1, Kamrup(M), Guwahati, in Title Suit
No.243/2016.
Let notice be issued to the sole 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.
Registry shall call for the record from the learned Courts below.
List the matter after 4(four) weeks.
Sd/- Robin Phukan JUDGE
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