Page No.# 1/3 vs Rubi Biswas
2024 Latest Caselaw 6429 Gua

Gauhati High Court

Page No.# 1/3 vs Rubi Biswas on 30 September, 2024

                                                                Page No.# 1/3

GAHC010195422024




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

                           Case No. : RFA/58/2024

         CHITRALEKHA BORGOHAIN AND 2 ORS
         W/O LATE ANIL BORGOHAIN
         RESIDENT OF SUKAFA PATH, GNB NAGAR NEAR DHANUA PETROL PUMP,
         MOUZA BHAIRABPAD, PO AND PS TEZPUR, DIST SONITPUR, ASSAM
         784001

         2: SRI ARNAV BORGOHAIN
         W/O LATE ANIL BORGOHAIN
         RESIDENT OF SUKAFA PATH
          GNB NAGAR NEAR DHANUA PETROL PUMP
          MOUZA BHAIRABPAD
          PO AND PS TEZPUR
          DIST SONITPUR
         ASSAM 784001

         3: SMTI. ANISHA BORGOHAIN
          D/O LATE ANIL BORGOHAIN
         RESIDENT OF SUKAFA PATH
          GNB NAGAR NEAR DHANUA PETROL PUMP
          MOUZA BHAIRABPAD
          PO AND PS TEZPUR
          DIST SONITPUR
         ASSAM 78400

         VERSUS

         RUBI BISWAS
         W/O JAYANTA KUNDU,
         D/O SRI JITEN BISWAS, RESIDENT OF RUBBER BAGAN, LANE NO. 5,
         MOUZA MAHABHAIRAB, PO AND PS TEZPUR DIST SONITPUR, ASSAM
         784001
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Advocate for the Petitioner   : MR. A GANGULY, MR. A DHANUKA

Advocate for the Respondent : MR. A R SHOME, FOR CAVEATOR,MR B PUSHILAL




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

Date : 30.09.2024

Heard Mr. A. Ganguly, learned counsel for the appellants and Mr. B. Pushilal, learned counsel for the respondent.

2. This appeal under Section 96 of the CPC is directed against the judgment dated 30.07.2024 and decree dated 05.08.2024, passed in Title Suit No. 48/2018, passed by the learned Civil Judge (Senior Division), Sonitpur, Tezpur.

3. It is to be noted here that vide impugned judgment dated 30.07.2024 and decree dated 05.08.2024, the learned trial Court had decreed the suit on contest with costs by holding that the respondent/plaintiff is entitled to get the decree for specific performance and directed the defendant to execute registered sale deed on receiving the balance sale consideration amount of Rs. 7,00,000/-.

4. Perused the memo of appeal and the grounds mentioned therein and also perused the judgment dated 30.07.2024 and decree dated 05.08.2024.

5. Admit.

6. Let notice be issued to the respondent returnable in four weeks.

7. No formal notice is required to be issued upon the respondent as Mr. Pushilal, learned counsel appears and accepts notice on behalf of the respondent. However, extra requisite copies of the appeal be furnished to him during the course of the day.

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8. Registry shall call for the record from the learned trial Court.

9. List the matter after four weeks.

JUDGE

Comparing Assistant