This Court extended an interim order of 07.02.2018 till 14.08.2018 under inherent powers and disposed of the application, deeming a fresh maintenance of status-quo prayer as burdensome.
Interim order of 07.02.2018 extended till 14.08.2018
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GAHC010105182010
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RFA 16/2010
1:M/S SREE DURGA TRADING COMPANY and ANR
A PROPRIETORIAL CONCERN BEING REPRESENTED BY ITS PROPRIETOR SHRI SHYAMLAL PRAJAPATI, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT DISPUR WHOLESALE MARKET MAHADEV MARKET DISPUR, GUWAHATI, DIST. KAMRUP, ASSAM.
2: SHYAMLAL PRAJAPATI
S/O HANUMAN MAL PRAJAPATI PROPRIETOR OF SHREE DURGA TRADING CO. DISPUR WHOLESALE MARKET MAHADEV MARKET DISPUR GUWAHATI DIST. KAMRUP ASSAM
VERSUS
1:SMT SANKALA DEVI THAKUR
W/O LATE BRHMA THAKUR, DISPUR WHOLESALE MARKET, MAHADEV MARKET, DISPUR, GUWAHATI-6. DIST. KAMRUP, ASSAM.
Advocate for the Petitioner : MR.D K DAS
Advocate for the Respondent : MR.D NANDI
Linked Case : I.A.(Civil) 241/2018
1:M/S SREE DURGA TRADING COMPANY BEING REP. BY ITS PROPRIETOR SHRI SHYAMLAL PRAJAPAT HAVING ITS PRINCIPAL PLACE OF BUSINESS AT DISPUR WHOLE SALE
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MARKET (MAHADEV MARKET) DISPUR GUWAHATI ASSAM- 781006.
VERSUS
1:SANKALA DEVI THAKUR W/O- LT. BRAHMA THAKUR R/O- DISPUR WHOLE SALE MARKET (MAHADEV MARKET) DISPUR GUWAHATI ASSAM- 781006.
Advocate for the Petitioner : MR H GUPTA Advocate for the Respondent : MR. D NANDI
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 11-06-2018
Heard Mr. S. Banik, learned counsel for the applicant as well as Mr. D. Nandi, learned counsel for the respondent.
The learned counsel for the respondent submits that the connected appeal is about 8 years old and therefore he prays that the connected appeal be heard on merit. He also, submits that in this application, the prayer made by the petitioner is for maintenance of status-quo till the re-admission of the appeal and therefore, the prayer made herein have has become infructuous.
Heard the submissions made by the learned counsel for both sides. In the opinion of this Court if the petitioner herein is permitted to file a fresh application for maintenance of status-quo it will only burden this Court with an another application. This Court is inclined to fix the date of hearing of the connected appeal on 14.08.2018. Therefore, by exercising the inherent power under section 151 CPC, this Court is inclined to extend the interim order
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passed on 07.02.2018 till the date of next listing on 14.08.2018.
Accordingly, this IA stands disposed of.
JUDGE
Comparing Assistant
1 provisions across 1 enactments
M/S Sree Durga Trading Company
Shyamlal Prajapati
Smt Sankala Devi Thakur
Kalyan Rai Surana
As recorded by the court registry
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