Citation : 2025 Latest Caselaw 1400 Gua
Judgement Date : 23 July, 2025
Page No.# 1/4
GAHC010087562025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RFA/33/2025
PRIYANKA ESTATE INTERNATIONAL (P) LTD. AND 5 ORS
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING
ITS REGISTERED OFFICE AT C/O. TRADESWOTH STEEL CO., SATI JAYMATI
ROAD, ATHGAON, GUWAHATI-781001, ASSAM.
2: PRAMOD SINGHANIA
SON OF LATE MOHAN LALAGARWAL @ LATE MOHAN LAL AGARWAL @
LT. MOHAN LAL SINGHANIA
DIRECTOROF PRIYANKA ESIATES INTERNATIONAL PRIVATE LINITED
AND KARTA OF PRAMOD SINGHANIA
HUF
RESIDENT OF SILVER APARTMENT
4THFLOOR
PIYOLI PHUKAN ROAD
REHABARI
GUWAHATI-781008.
AND OFFICE AT M/S. TRADESWORTH STEEL CO. SATI JAYMATI ROAD
TOWER
ATHGAON
HANUMAN NEAR GUWAHATI-781001.
3: MADHU SINGHANIA
WIFE OF SRI PRAMODSINGHANIA
DIRECTOROF PRIYANKA ESIATES INTERNATIONAL PRIVATE LINITED
AND KARTA OF PRAMOD SINGHANIA
HUF
RESIDENT OF SILVER APARTMENT
4THFLOOR
PIYOLI PHUKAN ROAD
REHABARI
GUWAHATI-781008.
AND OFFICE AT M/S. TRADESWORTH STEEL CO. SATI JAYMATI ROAD
TOWER
ATHGAON
Page No.# 2/4
HANUMAN NEAR GUWAHATI-781001.
4: PRAMOD SINGHANIA
HUF DOING PROPRIETORIAL BUSINESS UNDER THE NAME AND STYLE
OF M/S. GLOBAL CONSTRUCTION COMPANY
REPRESENTED BY ITS KARTA
SRI PRAMOD SINGHANIA
SON OF LATE MOHAN LAL AGARWAL @MOHAN LAL SINGHANIA
DIRECTOR OF PRIYANKA ESIATES INTERNATIONAL PRIVATE LINITED
AND KARTA OF PRAMOD SINGHANIA
HUF
RESIDENT OF SILVER APARTMENT
4THFLOOR
PIYOLI PHUKAN ROAD
REHABARI
GUWAHATI-781008.
AND OFFICE AT M/S. TRADESWORTH STEEL CO. SATI JAYMATI ROAD
TOWER
ATHGAON
HANUMAN NEAR GUWAHATI-781001.
5: PRIYANKA SINGHANIA
DAUGHTER OF SRI PRAMOD SINGHANIA
MEMBER OF M/S. PRAMOD SINGHANIA
HUF
RESIDENT OF SILVER APARTMENT
4H FLOOR
PIYOLI PHUKAN ROAD
REHABARI
GUWAHATI-781008. AND OFFICE AT M/S. TRADESWOTH STEEL CO.
SATI JAYMATI ROAD
NEAR HANUMAN TOWER
ATHGAON
GUWAHATI-781001.
6: GLOBAL CONSTRUCTION CO.
A PROPRIETORIAL CONCERN OF M/S. PRAMOD SINGHANIA
HUF
RESIDENT OF SILVERAPARTMENT
4TH FLOOR
PIYOLI PHUKAN ROAD
REHABARI
GUWAHATI-781008 AND OFFICE AT M/S TRADESWOTH STEEL CO.
SATI JAYMATI ROAD
NEAR HANUMAN TOWER
ATHGAON
GUWAHATI-781007
Page No.# 3/4
VERSUS
SARALA DEVI LAHOTY @ SARLA LAHOTI
WIFE OF SHREEBHAGWAN LAHOTY, RESIDENT OF FLAT NO. 6-A,
PRIYANKA APARTMENT, S.C. GOSWAMI ROAD, PANBAZAR, GUWAHATI,
PRESENTLY RESIDING AT 1ST FLOOR, KRISHNA KUNJ, BEHIND DEEVA
BOUTIQUE, PHOOL BAGAN, MACHKHOWA, GUWAHATI-781009, DIST.
KAMRUP (M), ASSAM.
Advocate for the Petitioner : MR. R K BHUYAN, N BHUYAN,MR. R DAS,MR. A
BHATTACHARJEE,MR. S A SINGH,MR. M KASHYAP
Advocate for the Respondent : FOR CAVEATOR, MS M BARUAH,MR. P KHATANIAR,MS N
RAHMAN
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 23.07.2025
Heard Mr. R.K. Bhuyan, learned counsel for the appellants and also heard Mr. P. Khataniar, learned counsel for the sole respondent.
2. This appeal, under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, the appellants have challenged the correctness or otherwise of the judgment and decree dated 12.12.2024, passed by the learned Civil Judge (Senior Division) No.1, Kamrup (M) at Guwahati in Title Suit No. 469/2012.
3. It is to be noted here that vide impugned judgment and decree dated 12.12.2024, the learned trial Court has decreed the suit for recovery of Rs. 24,53,900/- jointly and severally from the defendants with interest 6% per annum from the date of filing the suit till its realization and also a decree of compensation of Rs. 24,53,900/- jointly and severally from the defendants along Page No.# 4/4
with 6% from the date of filing of the suit till its realization with cost.
4. Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment and decree dated 12.12.2024, passed by the learned Civil Judge (Senior Division) No.1, Kamrup (M) at Guwahati in Title Suit No. 469/2012.
5. Admit.
6. Issue notice to the respondent, returnable in 4(four) weeks.
7. However no formal notice is required to be issued, as the sole respondent is represented by Mr. Khataniar, who accept notice on behalf of the said respondent. However, extra requisite copy of memo of appeal be furnished to him during the course of the day.
8. Registry shall call for the records from the learned Court below.
9. List the matter after 4 (four) weeks.
JUDGE
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