Gauhati High Court
Page No.# 1/4 vs Shyamal Sarmah on 14 May, 2025
Page No.# 1/4
GAHC010059092025
2025:GAU-AS:5975
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1224/2025
ABHIJIT SARMAH
S/O LATE RAMEN SARMAH ,
RESIDENT OF BORJHAR GAON PS TEZPUR MOUJA HOLESWAR, DIST
SONITPUR, ASSAM 784501
2: SMTI MEERA SARMAH
W/O LATE RAMEN SARMAH
RESIDENT OF BORJHAR GAON PS TEZPUR MOUJA HOLESWAR
DIST SONITPUR
ASSAM 784501
3: SWEETY SARMAH
D/O LATE RAMEN SARMAH
RESIDENT OF BORJHAR GAON PS TEZPUR MOUJA HOLESWAR
DIST SONITPUR
ASSAM 784501
4: JEEMONI SARMAH
W/O PRANJAL BORTHAKUR
D/O LATE RAMEN SARMAH
RESIDENT OF VILAGE MEKANOR CHUBURI
BIHAGURI
TEZPUR
ASSAM 78415
VERSUS
SHYAMAL SARMAH
S/O LATE LATE DULAL SARMAH
RESIDENT OF BORJHAR GAON PS TEZPUR MOUJA HOLESWAR, DIST
SONITPUR, ASSAM 784501
Page No.# 2/4
Advocate for the Petitioner : MR. S SAHU,
Advocate for the Respondent : ,
Linked Case : RSA/146/2017
ON THE DEATH OF SRI RAMEN SARMAH HIS LEGAL HEIRS AND ORS
NAMELY-
1.1: SMTI MEERA SARMA
W/O LATE RAMEN SARMAH
RO BORJHAR GAON
P.S. TEZPUR
MOUZA-HOLESWAR
DIST. SONITPUR
ASSAM
PIN 784501
1.2: SRI ABHIJIT SARMA
S/O LATE RAMEN SARMAH
RO BORJHAR GAON
P.S. TEZPUR
MOUZA-HOLESWAR
DIST. SONITPUR
ASSAM
PIN 784501
1.3: SMTI SWEETY SARMA
D/O LATE RAMEN SARMAH
RO BORJHAR GAON
P.S. TEZPUR
MOUZA-HOLESWAR
DIST. SONITPUR
ASSAM
PIN 784501
VERSUS
SRI SHYAMAL SARMAH
S/O LATE DULAL SARMAH
R/O BORJHAR SAIKIA CHUBURI
P.S. TEZPUR
Page No.# 3/4
MOUZA-HOLESWAR
DIST. SONITPUR
ASSAM
PIN 784501
------------
Advocate for : MS.B CHOUDHURY
Advocate for : MR. S SARMA appearing for SRI SHYAMAL SARMAH
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 14-05-2025
Learned counsel Ms B. Choudhury is present for the applicants 1(I) Sri
Abhijit Sarmah, 1(II) Smti. Meera Sarmah, 1(III) Smti. Sweety Sarmah and
1(IV) Smti. Jeemoni Sarmah, who are the legal heirs of original appellant
deceased Ramen Sarmah in RSA 146/2017.
2. Learned Senior Counsel Mr. S. Sarma is present for the respondent Sri
Shyamal Sarmah, who was the plaintiff who brought up Title Suit No. 104/2006
before the Court of learned Munsiff, Tezpur as well as the appellant who brought
up Title Appeal No. 4/2008 before the Court of learned Civil Judge, Sonitpur at
Tezpur, against the deceased/appellant Ramen Sarmah in RSA/146/2017.
3. Now an interlocutory application has been filed by both the parties jointly
under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC for short).
The applicants are the appellants of RSA No. 146/2017 who have preferred
RSA/146/2017 against the judgment and decree in the above mentioned Title
Suit No. 104/2006 as well as Title Appeal No. 4/2008.
Page No.# 4/4
4. The applicants of this case are 1(I) Sri Abhijit Sarmah, 1(II) Smti. Meera
Sarmah, 1(III) Smti. Sweety Sarmah and 1(IV) Smti. Jeemoni Sarmah, being
son, wife and daughters of deceased Ramen Sarmah, along with Sri Shyamal
Sarmah. The applicants have filed a joint affidavit.
5. Both the parties have amicably settled their dispute and the terms and
conditions of the settlement are elaborately described in the Deed of
Compromise marked as Annexure - 1 of this interlocutory application. This
Annexure - 1 is marked as 'X'.
6. I have considered the submissions at the bar with circumspection. I have
scrutinized the affidavit as well as the Deed of Compromise marked as Annexure
- 1 of the application. The terms and conditions mentioned in the Deed of
Compromise clearly reveal that both the parties have amicably settled the
dispute among themselves.
7. In the wake of the foregoing discussions, this interlocutory application is
allowed and RSA/146/2017 is decreed on compromise and Annexure - 1 marked
as X will form a part of the decree.
8. In terms of the above observations, RSA No. 146/2017 as well as I.A. No.
1224/2025 are hereby disposed of.
9. Send back the records of Title Suit No. 104/2006 and Title Appeal No.
4/2008.
JUDGE
Comparing Assistant
