Page No.# 1/3 vs Debabrata Choudhury And Ors
2025 Latest Caselaw 5715 Gua

Gauhati High Court

Page No.# 1/3 vs Debabrata Choudhury And Ors on 25 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/3

GAHC010102062025




                                                           2025:GAU-AS:8611

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

                        Case No. : I.A.(Civil)/1578/2025

         BIBHAS ROY CHOUDHURY AND ORS
         S/O LATE BINOD BIHAR TALUKDAR

         2: SHRI BIJIT ROY CHOUDHURY

          S/O LATE BINODE BIHARI TALUKDAR

         3: SMTI NILIMA ROY CHOUDHURY

          D/O LATE BINODE BIHARI TALUKDAR

         4: SMTI GOPA ROY CHOUDHURY

          D/O LATE BINODE BIHARI TALUKDAR

         5: SMTI JOYA ROY CHOUDHURY

         DAUGHTER IN LAW OF LATE BINODE BIHARI TALUKDAR W/O LATE
         BIRENDRA ROY CHOUDHURY

         6: JAYADRATH ROY CHOUDHURY

         GRAND SON OF LATE BINODE BIHARI TALUKDAR S/O LATE BIRENDRA
         ROY CHOUDHURY

         7: SANJUKTA ROY CHOUDHURY

          GRAND D/O LATE BINODE BIHARI TALUKDAR
          D/OLATE BIRENDRA ROY CHOUDHURY
          ALL ARE THE R/O THANA ROAD
          KARIMGANJ TOWN
          P.O.
          P.S. and DIST. KARIMGANJ
          PIN
                                                                            Page No.# 2/3


            VERSUS

            DEBABRATA CHOUDHURY AND ORS
            S/O LATE KAMINI KUMAR CHOUDHURY, R/O DREAMLAND APARTMENT,
            ADABARI, GUWAHATI 781014, DIST. KAMRUPM, ASSAM.

            2:SMTI MALA CHOUDHURY
            W/O LATE BHASKAR CHOUDHURY

            3:SRI BARUN CHOUDHURY

            S/O LATE BHASKAR CHOUDHURY

            4:SMTI BARNALI CHOUDHURY

            D/O LATE BHASKAR CHOUDHURY
            ALL ARE R/O HOUSE NO. 25
            HILL SIDE COLONY
            GATE NO. 1
            P.O. MALIGAON
            GUWAHATI 781011
            DIST. KAMRUP M
            ASSAM

                    For the Applicant(s)     : Ms. S. Dasgupta, Advocate

                    For the Respondent(s)    : None appears.




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 25.06.2025

Heard Ms. S. Dasgupta, the learned counsel appearing on behalf of the applicants.

2. The present application has been filed seeking an amendment to the decree drawn up in terms with the judgment and order dated 25.04.2024 passed in RSA No.300/2014.

Page No.# 3/3

3. The learned counsel for the applicants submitted that taking into account that this Court had held that the counter claim having been withdrawn with liberty would not amount to abandoning the claim subject to permissibility in filing an independent suit in accordance with law, the said observation should be incorporated in the decree. In the opinion of this Court, the said aspect so mentioned in Paragraph No.43 is an observation dealing with the additional substantial question of law No.2 framed on 02.04.2024. The said in the opinion of this Court is not required to be mentioned in the decree.

4. Accordingly, this Court finds no reasons to pass any orders in the instant application for which the instant application stands rejected.

JUDGE

Comparing Assistant