Page No.# 1/3 vs Govindra Chandra Paul
2025 Latest Caselaw 3134 Gua

Gauhati High Court

Page No.# 1/3 vs Govindra Chandra Paul on 13 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010194742024




                                                          undefined

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

                           Case No. : RSA/183/2024

         PRAN GOPAL DAS GUPTA @ PRABIR DAS GUPTA AND 6 ORS
         S/O LATE PRATAP CHANDRA DAS GUPTA,
         RESIDENT OF PAIKAN VILLAGE, PO AND DIST HAILAKANDI, ASSAM ,

         2: PRASHANTA DAS GUPTA @ SHANKU DAS GUPTA
          S/O LATE PRATAP CHANDRA DAS GUPTA

         RESIDENT OF PAIKAN VILLAGE
         PO AND DIST HAILAKANDI
         ASSAM


         3: PRANTA DAS GUPTA @ PINKU DAS GUPTA
          S/O LATE PRATAP CHANDRA DAS GUPTA

         RESIDENT OF PAIKAN VILLAGE
         PO AND DIST HAILAKANDI
         ASSAM


         4: KRISHNA SEN @ RANI DAS GUPTA
          S/O LATE PRATAP CHANDRA DAS GUPTA

         RESIDENT OF PAIKAN VILLAGE
         PO AND DIST HAILAKANDI
         ASSAM


         5: MANDIRA DAS GUPTA @ BHAWANI DAS GUPTA
          S/O LATE PRATAP CHANDRA DAS GUPTA

         RESIDENT OF PAIKAN VILLAGE
         PO AND DIST HAILAKANDI
         ASSAM
                                                                     Page No.# 2/3



            6: SWAPNA LODH @ SHIBANI DAS GUPTA
             D/O LATE PRATAP CHANDRA DAS GUPTA

            RESIDENT OF PAIKAN VILLAGE
            PO AND DIST HAILAKANDI
            ASSAM


            7: SIKHA DAS
             D/O LATE PRATAP CHANDRA DAS GUPTA

            RESIDENT OF PAIKAN VILLAGE
            PO AND DIST HAILAKANDI
            ASSA

            VERSUS

            GOVINDRA CHANDRA PAUL
            S/O LATE BRINDAVAN CHANDRA PAUL,
            RESIDENT OF PAIKAN VILLAGE, PO AND DIST HAILAKANDI, ASSAM ,



      For the Appellant(s)         : Mr. S. Biswas, Advocate.

      For the Respondent(s)        : Mr. N. Haque, Advocate




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 13.02.2025

Heard Mr. S. Biswas, the learned counsel appearing on behalf of the Appellants and Mr. N. Haque, the learned counsel appearing on behalf of the Respondent.

2. This is an appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 29.06.2024 Page No.# 3/3

passed in Title Appeal No.04/2023.

3. The instant appeal is admitted on the basis of the following question of law:

"Whether the learned First Appellate Court was justified in passing a decree for recovery of khas possession and permanent injunction against the defendants in the suit and in favour of the plaintiff without the execution of the registered sale deed in favour of the plaintiff by the Defendant No.1?"

4. Mr. N. Haque, the learned counsel appears on behalf of the sole Respondent and accepts notice.

5. Taking into account that extra copies have already been served upon Mr. N. Haque, the learned counsel, no additional copies are required to be served.

6. Taking into account the short question involved, list this matter again on 25.02.2025 for hearing of the appeal.

JUDGE

Comparing Assistant