Page No.# 1/3 vs Md. Jahar Ali And Anr
2025 Latest Caselaw 2340 Gua

Gauhati High Court

Page No.# 1/3 vs Md. Jahar Ali And Anr on 27 January, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                           Page No.# 1/3

GAHC010175432019




                                                                     2025:GAU-AS:881

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

                                  Case No. : I.A.(Civil)/2738/2019

            SRI ATAUR RAHMAN CHOUDHURY
            S/O- LATE HAZILAL MIAN, R/O- VILL.- NO. 1 DILABARI, MOUZA-
            BHARABPAD, DIST.- SONITPUR, ASSAM.



            VERSUS

            MD. JAHAR ALI AND ANR
            S/O- JAMADHAR SHEIKH, R/O- VILL.- NO. 1 DOLABARI, MOUZA-
            BHARABPAD, DIST.- SONITPUR, ASSAM.

            2:SRI ABDUL MANNAN
             S/O- LATE HAJI FAZAR ALI
             R/O- VILL.- KORJONI NEPALIGAON
             MOUZA- MAHABHARAB
             P.S. TEZPUR
             DIST.- SONITPUR
            ASSAM

Advocate for the Petitioner   : MR. P MAHANTA, MS. P SAHARIA

Advocate for the Respondent : ,




             Linked Case :

            SRI ATAUR RAHMAN
                                                                         Page No.# 2/3

           VERSUS

           MD. JAHAR ALI AND ANR




Advocate for the applicant(s): Mr. P Mahanta


Advocate for the respondent(s): X X


                                   BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                      ORDER

27.01.2025

This is an application filed for condonation of delay of 2185 days in preferring the review petition seeking review of the judgment and decree dated 24.05.2013 passed by this Court in RSA No.127/2002.

2. It is very pertinent at this stage to take note of that vide judgment and decree dated 24.05.2013 which is sought to be reviewed, the Coordinate Bench of this Court had declared the right, title and interest of the plaintiff in respect to Schedule - A land and further interfered with the decree passed by the learned Courts' below in so far as the Schedule-B land is concerned. The petitioners herein were under the impression that as the right, title and interest of the plaintiff in respect to Schedule-B land was not granted by the Coordinate Bench of this Court in the judgment and decree dated 24.05.2013 passed in RSA No.127/2002, the applicant's name should have been, therefore, mutated by the Revenue Authorities. It is on the basis of that when the Revenue Page No.# 3/3

authorities rejected to do so, the petitioners herein had applied seeking review of the judgment and decree dated 24.05.2013 passed in RSA No.127/2002.

3. This Court had put a specific query upon Mr. P Mahanta, the learned counsel appearing on behalf of the applicant as to whether there was any counter claim being filed by the defendant, who is applicant herein. The learned counsel for the applicant submitted that it was a suit filed by the plaintiff and there was no counter claims.

4. Under such circumstances, the reasons so assigned in the instant application so filed would not come within the ambit of sufficient cause for condoning the delay of 2185 days in preferring the review petition. Accordingly, the interlocutory application stands rejected.

5. Further taking into account that the instant application has been rejected, the review petition which has been filed cannot be entertained and the same stands closed.

JUDGE

Comparing Assistant