Page No.# 1/3 vs Smti Madhumita Barua And 2 Ors
2025 Latest Caselaw 3936 Gua

Gauhati High Court

Page No.# 1/3 vs Smti Madhumita Barua And 2 Ors on 10 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/3

GAHC010048272025




                                                             2025:GAU-AS:2550

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

                                Case No. : CRP/31/2025

          MAHANAN GOSWAMI
          S/O LATE MAHENDRA GOSWAMI, R/O VILL- KALDOBA PART-II, P.S.-
          AGOMANI, DIST- DHUBRI, ASSAM



          VERSUS

          SMTI MADHUMITA BARUA AND 2 ORS.
          D/O LATE SIBENDRA NR. BARUA, R/O WARD NO. 2, GAURIPUR TOWN, P.O.
          AND P.S.- GAURIPUR, DIST- DHUBRI, ASSAM, PIN-

          2:DIPTI BARUA
          W/O LATE SANDIP NARAYAN BARUA
           R/O WARD NO. 2
           GAURIPUR TOWN
           P.O. AND P.S.- GAURIPUR
           DIST- DHUBRI
          ASSAM
           PIN-

          3:NARAYAN BARUAH
           S/O LATE SANDIP NARAYAN BARUA
           R/O WARD NO. 2
           GAURIPUR TOWN
           P.O. AND P.S.- GAURIPUR
           DIST- DHUBRI
          ASSAM
           PIN

For the petitioner (s)   : Mr. A. Rahman, Advocate

For the respondent (s) : XXXX
                                                               Page No.# 2/3


                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

10.03.2025

Heard Mr. A. Rahman, the learned counsel appearing on behalf of the petitioner.

2. This is a application filed under Article 227 of the Constitution challenging the order dated 17.02.2025 passed in Misc.(J) Case No.115/2024 arising out of Title Exhibition Case No.02/2023.

3. It is a settled principle of law that any order passed in the proceedings under Order XXI Rule 97 of the Code of Civil Procedure, 1908 would be a decree in terms with Order XXI Rule 103 of the Code.

4. Taking into account that the order dated 17.02.2025 would be a decree and the petitioner has an avenue to prefer an Appeal under the Code of Civil Procedure, 1908, this court is not inclined to exercise its supervisory jurisdiction in the instant proceedings.

5. Accordingly, the instant petition stands closed.

6. However, liberty is given to the petitioner to prefer an Appeal against the order dated 17.02.2025 before the First Page No.# 3/3

Appellate Court and the period from 04.03.2025 till date be excluded while computing the period of limitation.

7. The learned counsel for the petitioner is given the liberty to file an appropriate application before the Registry of this Court for the certified copy of the judgment and order so enclosed to the instant proceedings and on such application being filed, the Registry shall forthwith provide the said certified copy of the judgment and other so enclosed to the instant proceedings.

JUDGE

Comparing Assistant