Gauhati High Court

Page No.# 1/6 vs Pranati Roy And 10 Ors on 14 May, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/6

GAHC010204942024




                                                         2025:GAU-AS:6007

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

                       Case No. : CRP(IO)/415/2024

         SURAJ SAHA
         S/O SRI SUBRATA SAHA,
         RESIDENT OF SUBHASH NAGAR, KARIMGANJ TOWN, WARD NO. 15, PO ,
         PS AND DIST KARIMGANJ, ASSAM 788710



         VERSUS

         PRANATI ROY AND 10 ORS
         W/O LATE DWIJENDRA KUMAR ROY,
         D/O LATE ROMESH CHANDRA ROY,
         VILLAGE AND PO MARJATKANDI, PS BADARPUR, DIST KARIMGANJ,
         ASSAM

         2:SRI PREMENDRA BIJOY ROY
          S/O LATE RAMESH CHANDRA ROY
         RESIDENT OF SILCHAR ROAD
          KARIMGANJ TOWN
         WARD NO. 27
          PS AND DIST KARIMGANJ
         ASSAM 788710

         3:SRI SOUMENDRA BIJOY ROY
          S/O LATE RAMESH CHANDRA ROY
         RESIDENT OF SILCHAR ROAD
          KARIMGANJ TOWN
         WARD NO. 27
          PS AND DIST KARIMGANJ
         ASSAM 788710

         4:SRI RITENDRA BIJOY ROY
          S/O LATE RAMESH CHANDRA ROY
         RESIDENT OF SILCHAR ROAD
                                   Page No.# 2/6

KARIMGANJ TOWN
WARD NO. 27
PS AND DIST KARIMGANJ
ASSAM 788710

5:SMTI SIPTI ROY
W/O LATE RANANDRA BIJOY ROY

RESIDENT OF SILCHAR ROAD
KARIMGANJ TOWN
WARD NO. 27
PS AND DIST KARIMGANJ
ASSAM 788710

6:SRI RATNADIP ROY
 S/O LATE RANANDRA BIJOY ROY

RESIDENT OF SILCHAR ROAD
KARIMGANJ TOWN
WARD NO. 27
PS AND DIST KARIMGANJ
ASSAM 788710

7:SRI DEEP SARATHI ROY
 S/O LATE RANANDRA BIJOY ROY

RESIDENT OF SILCHAR ROAD
KARIMGANJ TOWN
WARD NO. 27
PS AND DIST KARIMGANJ
ASSAM 788710

8:SMTI. ARATI DAS

D/O LATE RAMESH CHANDRA ROY

W/O BIROJA KANTA DAS

RESIDENT OF NILMANI ROAD
KARIMGANJ TOWN
PO AND PS AND DIST KARIMGANJ
ASSAM 788710

9:SRI RAJ SEKHAR ROY
 S/O LATE RATHINDRA BIJOY ROY

RESIDENT OF C-1201 ARTICA LODHA
AQUA HOUSING SOCIETY
                                                              Page No.# 3/6

          MIRA ROAD EAST
          NEAR DAHISAR TOOL PLAZA
          MAHAJANWADI
          THANA MAHARASHTRA
          401107

         10:SRI DIP SEKHAR ROY
          S/O LATE RATHINDRA BIJOY ROY

         RESIDENT OF HIGB59 SAKETPURI COLONY
         RANOPALI DEOKAALI
         AYODHYA
         FAIZABAD
         UP. 224001

         11:SRI RAHULENDRA BIJOY ROY
          S/O LATE RAMESH CHANDRA ROY

         RESIDENT OF SILCHAR ROAD
         KARIMGANJ TOWN
         WARD NO. 27
         PS AND DIST KARIMGANJ
         ASSAM 78871

Advocate for the Petitioner      : Ms. B. Sarkar, Advocate

  Advocate for the Respondents : Mr. K. M. Haloi, Advocate
                                 Mr. S. Dutta, Advocate


                                BEFORE
          HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                       Date of Hearing     : 14.05.2025

                       Date of Judgment     : 14.05.2025
                       JUDGMENT AND ORDER (ORAL)

Heard Ms. B. Sarkar, the learned counsel appearing on behalf of the petitioner. Mr. K. M. Haloi, the learned counsel appears on behalf of the respondent No.1 and Mr. S. Dutta, the learned Page No.# 4/6

counsel appears on behalf of the respondent No.2.

2. The supervisory jurisdiction of this Court has been invoked to challenge the order dated 10.07.2024 passed by the learned Civil Judge, (Junior Division) No.1, Karimganj in Misc. Case No.254/2024 arising out of Title Suit No.183/2021 whereby the application so filed by the petitioner under Order I Rule 10 (2) read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'the Code') was rejected with a cost of Rs.2,000/-.

3. From the materials on record, it is seen that the respondent No.1 herein has filed a suit being Title Suit No.183/2021 seeking a decree for partition of the properties as described in the Schedule to the plaint. It is further seen from the records that the defendant Nos.6 & 7 of Title Suit No.183/2021 sold their part of the share to the petitioner herein by a registered Deed of Sale bearing Deed No.3553 dated 11.09.2023.

4. This Court has duly taken note of Section 44 of the Transfer of Property Act, 1882 which stipulates that one of two or more co-owners of an immoveable property legally competent in that behalf transfers his share of such property or any interest thereon, the transferee acquires as to such share or interest and so far as is necessary to give effect to the transfer, the transferor's right to joint possession or other common or part Page No.# 5/6

enjoyment of the property and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred.

5. Taking into account the above, as the defendant Nos.6 & 7 were co-owners of the suit property and they being legally competent, the Deed of Sale bearing Deed No.3553 dated 11.09.2023 was executed in favour of the petitioner herein, the petitioner stands in the footing of the defendant Nos.6 & 7 in the suit and therefore would be entitled to take part in the said partition proceedings which is the subject matter of the suit.

6. Consequently, it is therefore the opinion of this Court that the learned Trial Court ought to have allowed the application under Order I Rule 10 (2) of the Code so filed by the petitioner. Having not done so, that too at the objection filed by the defendant No.1 shocks and surprises this Court for which this Court invokes its supervisory jurisdiction under Article 227 of the Constitution and interferes with the order dated 10.07.2024 impugned in the instant proceedings.

7. This Court further allows the application filed under Order I Rule 10 (2) of the Code being petition No.528/32 filed before the learned Trial Court and impleads the petitioner herein as the defendant No.12 to the said suit.

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8. Ms. B. Sarkar, the learned counsel for the petitioner submitted that she has got the plaint as well as the copies of the documents which have been filed along with the plaint. The learned counsel for the petitioner further submitted that she would be submitting the written statement by 16.06.2025.

9. Taking into account the above, this Court disposes of the instant petition with the following observations and directions: