Birendra Nath Sarma vs Pradip Sarma And 3 Ors
2025 Latest Caselaw 6376 Gua

Gauhati High Court

Birendra Nath Sarma vs Pradip Sarma And 3 Ors on 27 August, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                     Page No.# 1/3

GAHC010190292025




                                                              undefined

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

                          Case No. : CRP(IO)/361/2025

         BIRENDRA NATH SARMA
         S/O LATE DHIRENDRA NATH SARMA, R/O VILL. SAHAN, P.S. RANGIA, PIN
         781354, DIST. KAMRUP, ASSAM.



         VERSUS

         PRADIP SARMA AND 3 ORS
         S/O LATE SATISH SARMA, R/O VILL. PUB SAHAN, P.S. RANGIA, PIN 781354,
         DIST. KAMRUP, ASSAM.

         2:SMT. KAMINI DEVI

          W/O LATE ANUP SARMA
          R/O VILL. PUB SAHAN
          P.S. RANGIA
          PIN 781354
          DIST. KAMRUP
          ASSAM.

         3:JITUL SARMA

          S/O LATE ANUP SARMA
          R/O VILL. PUB SAHAN
          P.S. RANGIA
          PIN 781354
          DIST. KAMRUP
          ASSAM.

         4:PRABIN SARMA

          S/O LATE SATISH SARMA
          R/O VILL. PUB SAHAN
                                                                          Page No.# 2/3

             P.S. RANGIA
             PIN 781354
             DIST. KAMRUP
             ASSAM

Advocate for the Petitioner   : MR. B BORAH, MR. S K SHARMA,MR. P DEKA,MR. S. DEY

Advocate for the Respondent : ,




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : 27.08.2025

Heard Mr. B. Borah, the learned counsel appearing for the petitioner.

2. This application has been filed under Article 227 of the Constitution of India challenging the order dated 27.06.2025 passed by the learned Civil Judge (Junior Division), Rangia, Kamrup, Assam in Title Suit No. 04/2012.

3. For a long period of about 1 year the court was hearing the argument and when the case was posted for passing the judgment, it was again posted for hearing the argument. Finally on 27.06.2025, the Trial Court came to know that there are some other miscellaneous cases pending with the suit and those miscellaneous cases are yet to be disposed of. Therefore, the learned Trial court directed that the delivery of judgment should be reserved and before that the miscellaneous cases should be disposed of.

4. I have considered the submissions made by Mr. Borah.

5. Mr. Borah has submitted that the learned Trial court has erroneously oriented itself by misinterpreting the judgment passed by the Hon'ble Supreme Court in Savita Devi Vs. District Judge, Gorakhpur and Others reported in (1999) (2) SCC 577.

6. After going through the materials available on record and after hearing the Page No.# 3/3

learned counsel for the petitioner, this Court is of the opinion that the conduct of the learned Trial court has displayed a sorry state-of-affairs and when the case is posted for passing the judgment, the judgment should be delivered first and the miscellaneous cases should be disposed of independently.

7. For the aforesaid reasons, the impugned order dated 27.06.2025 passed by the learned Civil Judge (Junior Division), Rangia, Kamrup, Assam in Title Suit No. 04/2012 is set aside.

8. The Trial Court is directed to pass the judgment in Title Suit No.04/2012 and after that the miscellaneous cases shall be disposed of.

With the aforesaid direction, this revision petition stands disposed of.

JUDGE

Comparing Assistant