Ashok Kumar Mittal vs Smti Jyoti Chetia Pator
2025 Latest Caselaw 4399 Gua

Gauhati High Court

Ashok Kumar Mittal vs Smti Jyoti Chetia Pator on 24 March, 2025

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GAHC010051262025




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

                                   Case No. : RFA/15/2025

            ASHOK KUMAR MITTAL
            S/O LTE OMPRAKASH MITTAL, PERMANENT RESIDDENT OF DIMOW,
            NITAL ROAD, PO AND PS AND DIST SIVASAGAR, ASSAM M785662,
            PRESENTLY RESIDING AT C/O GUNADHAR BAISHYA RESIDENCE WARD
            NO. 11, HABIRAM BORAH PATH, B.G ROAD, SIVASAGAR, ASSAM 785640



            VERSUS

            SMTI JYOTI CHETIA PATOR
            W/O LATE DULEN CHETIA PATOR,
            RESIDENT OF ST. WARD NO. 13, MILAN NAGAR PATH SIVASAGAR TOWN,
            PO AND PS AND DIST SIVASAGAR, ASSAM 785640

            2:SMTI DARSHINIPRIYA CHETIA PATOR
             D/O LATE DULEN CHETIA PATOR

            RESIDENT OF ST. WARD NO. 13
            MILAN NAGAR PATH SIVASAGAR TOWN
            PO AND PS AND DIST SIVASAGAR
            ASSAM 785640

            3:PARSHAWAJYOTI CHETIA PATOR
             S/O LATE DULEN CHETIA PATOR

            RESIDENT OF ST. WARD NO. 13
            MILAN NAGAR PATH SIVASAGAR TOWN
            PO AND PS AND DIST SIVASAGAR
            ASSAM 78564

Advocate for the Petitioner   : MS L RONGPIPI, MR JITENDRA DAS,MR. SAILENDRA DEKA

Advocate for the Respondent : ,
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

24.03.2025

Heard Mr. S. Deka, learned counsel for the appellant.

2. In this appeal, under Section 96 of the C.P.C., the appellant has put to challenge the correctness or otherwise of the Judgment dated 10.12.2024 and Decree dated 17.12.2024, passed by the learned Civil Judge (Senior Division), Sivsagar, in Title Suit No. 07/2020.

3. It is to be noted here that vide impugned Judgment dated 10.12.2024 and Decree dated 17.12.2024, the learned Civil Judge (Senior Division), Sivsagar has partly decreed the suit.

4. Perused the memo of appeal as well as the grounds mentioned therein and also perused the impugned Judgment dated 10.12.2024 and Decree dated 17.12.2024, passed by the learned Civil Judge (Senior Division), Sivsagar, in Title Suit No. 07/2020.

5. The appeal is admitted.

6. Let notice be issued to the respondent, within a week from today, returnable in 4 weeks, by registered post with A/D as well as by usual process.

7. The Registry shall call for the record from the learned trial court.

8. List the matter after 4 (four) weeks.

JUDGE Comparing Assistant