The Gauhati High Court dismissed Civil IA 159/2018 upon withdrawal. The judge explicitly reserved the petitioner's right to pursue any other remedy permitted by law.
Application dismissed on withdrawal; no bar on seeking other legal remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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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) 43/2018
1:M/S SREE DURGA TRADING COMPANY 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
VERSUS
1:SANKALA DEVI THAKUR W/O- LT. BRAHMA THAKUR R/O- DISPUR WHOLE SALE MARKET (MAHADEV MARKET) DISPUR GUWAHATI
Advocate for the Petitioner : MR H GUPTA Advocate for the Respondent : MR. D NANDI (R2 TO 7)
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.
In view of the submissions made in para 6 of IA (C) 159/18, this IA stands dismissed on withdrawal.
As prayed for by the learned counsel for the petitioner, this order shall not be a bar for the petitioner to avail any other remedy if permitted in law.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to dismiss the application upon withdrawal.
Whether to pass a declaration allowing the petitioner any other remedy.
Smt Sankala Devi Thakur and Others
M/s Sree Durga Trading Company (Rep. by Shri Shyamlal Prajapati)
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
