Kabi Sarma vs Samin Barman And Anr
2025 Latest Caselaw 7712 Gua

Gauhati High Court

Kabi Sarma vs Samin Barman And Anr on 8 October, 2025

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GAHC010223252025




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

                                  Case No. : CRP(IO)/426/2025

            KABI SARMA
            SON OF LATE DWIJEN SARMA, RESIDENT OF- VILLAGE - ALAGJAR, P.O.
            P.S.- BARAMA, DISTRICT-BAKSA, ASSAM



            VERSUS

            SAMIN BARMAN AND ANR
            SON OF LATE HARESWAR BARMAN, R/O- VILL.- ALAGJAR, P.O. AND P.S.
            BARAMA, DIST. BAKSA, ASSAM

            2:GANESH BARMAN
             SON OF LATE HARESWAR BARMAN
             R/O- VILL.- ALAGJAR
             P.O. AND P.S. BARAMA
             DIST. BAKSA
            ASSA

Advocate for the Petitioner   : MR. N N B CHOUDHURY, MR P K BASU,MS. K DEY

Advocate for the Respondent : ,
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                              BEFORE
                  HONOURABLE MR. JUSTICE PRANJAL DAS

                                   ORDER

08.10.2025

1. Heard Mr. N.N.B Choudhury, learned counsel assisted by Mr. P.K. Basu, learned counsel for the petitioner.

2. The petitioner has invoked the provisions of Article 227 of the Constitution of India, read with Section 151 of the CPC, 1908 is aggrieved by impugned order dated 20.09.2025, passed by the learned Civil Judge (Senior Division), Baksa at Mushalpur in Title Execution No.01/2025.

3. The original trial court judgment is stated to have been passed by the learned Civil Judge (Senior Division), Nalbari on 14.08.2013, which was affirmed by the learned District Judge, Nalbari on 22.01.2015 and finally affirmed by this Court on 15.07.2025 in RSA 99/2015. Subsequently, the execution case was initiated and though, it was filed in Nalbari but later it was transferred to the learned Court at Baksa due to the location of the suit property.

4. The grievance of the petitioner is that though the petitioner entered appearance through the learned counsel by filing a vakalatnama and wanted to submit an objection but the same was disallowed, thereby, causing prejudice to him.

5. Issue notice upon the two respondents.

6. Steps may be taken expeditiously.

7. Call for the scanned copy of the case record of Title Page No.# 3/3

Execution No.01/2025 from the Court of learned Civil Judge, Senior Division, Baksa at Mushalpur.

8. List on 13.11.2025 in the admission column.

JUDGE

Comparing Assistant