Julimoni Kalita @ Deka vs Ajay Deka And 2 Ors. A
2025 Latest Caselaw 4847 Gua

Gauhati High Court

Julimoni Kalita @ Deka vs Ajay Deka And 2 Ors. A on 20 May, 2025

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GAHC010184492023




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

                                   Case No. : RFA/13/2025

            JULIMONI KALITA @ DEKA
            W/O LATE SANJAY DEKA RESIDENT OF HOUSE NO. 17, BYE LANE 4(A) ,
            GANDHI BASTI, GUWAHATI 03, KAMRUPM ASSAM



            VERSUS

            AJAY DEKA AND 2 ORS. A
            S/O LATE GOVINDA CH DEKA RESIDENT OF BHASKARGIRI PATH,
            KHARGHULI, GUWAHATI 04, KAMRUP M ASSAM

            2:SMTI GITA DEKA
            W/O SRI MADHUSUDAN DAS
             RESIDENT OF KALITAPARA
            AZARA
             KAMRUPM ASSAM

            3:DR. RITA DEKA
            W/O DHIREN NATH

            RESIDENT OF GANDHI BASTI
            NATUN SARANIA
            BYE LANE 4
            HOUSE NO. 2
            NEAR KALI MANDIR
            GUWAHATI 03
            ASSA

Advocate for the Petitioner   : MR P J DUTTA, MR B P BORAH,MR J. B. CHOUDHURY

Advocate for the Respondent : MR. O P BHATI, MR T C DAS(R- 1 TO 3),MR. P SARMA(R- 1 TO
3),S. K. GUPTA(R- 1 TO 3)
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                                   BEFORE
                      HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

20.05.2025

Heard Mr. B.P. Borah, learned counsel for the appellant and also heard Mr. P. Sarma, learned counsel for the respondents.

This appeal under Section 96 read with Section 299 of the Indian Succession Act is directed against the judgment dated 09.05.2023, passed by the learned Additional District Judge No.1, Kamrup(M), Guwahati, in Probate Title Suit No.06/2016.

Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment dated 09.05.2023.

Admit.

Issue notice to the respondents, returnable within 4(four) weeks.

No formal notice is required to be issued to the respondents, since Mr. Sarma, learned counsel has entered appearance and accepts notice on behalf of all the respondents. However, extra requisite copies of the memo of appeal be served upon the learned counsel appearing for the respondents during the course of the day.

Registry shall call for the record from the learned Trial Court.

List the matter after 4(four) weeks.

After hearing learned Advocates of both the parties and also considering the facts and circumstances on the record, the impugned judgment dated 09.05.2023 stands stayed, till disposal of the appeal.

Sd/- Robin Phukan JUDGE

Comparing Assistant