Allowed

Sri Ramesh Das v. Sri Kishore Sharma and 3 Ors.

Gauhati HC7 Feb 2020I.A.(Civil)/182/2020

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application to recall an order dismissing a writ petition (RSA No.85/2009) for non-prosecution. Relying on a later office note regarding service of A/D cards, the court restored the petition for hearing. Interlocutory application allowed and disposed.

What did the court decide?

Recall of dismissal order dated 02.01.2020 and restoration of RSA No.85/2009 to file for hearing on 20.02.2020.

Sri Ramesh Das Vs Sri Kishore Sharma and 3 Ors. — Writ and Judicial Review | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010013752020

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

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Case No. : I.A.(Civil) 182/2020

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1:SRI RAMESH DAS

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S/O LATE BENGA RAM DAS, R/O VILL. KAMARKUCHI, MOUZA UPPOR BORBHAG, DIST. NALBARI, ASSAM.

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VERSUS

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1:SRI KISHORE SHARMA and 3 ORS.

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S/O LATE SATISH SARMA, R/O KAMARKUCHI, MOUZA UPPOR BORBHAG , POST. AND DIST. NALBARI, ASSAM.

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2:PRADIP SARMA S/O LATE SATISH SARMA R/O KAMARKUCHI MOUZA UPPOR BORBHAG POST. AND DIST. NALBARI ASSAM.

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3:MADHAB SARMA S/O LATE SATISH SARMA R/O KAMARKUCHI MOUZA UPPOR BORBHAG POST. AND DIST. NALBARI ASSAM.

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4:GIRIBALA DEVI W/O LATE SATISH SARMA R/O KAMARKUCHI MOUZA UPPOR BORBHAG POST. AND DIST. NALBARI ASSAM

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Advocate for the Petitioner : MR. B TALUKDAR

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Page No.# 2/3

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Advocate for the Respondent :

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Linked Case : RSA 85/2009

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1:SRI RAMESH DAS

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S/O LT. BENGA RAM DAS R/O KAMARKUCHI MOUZA- UPAR BARBHAG P.O. and DIST. NALBARI ASSAM.

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VERSUS

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1:SRI KISHORE SHARMA and ORS.

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2:SRIK PRADIP SARMA

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3:SRI MADHAB SARMA

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4:SMTI GIRIBALA DEVI

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ALL THE RESPONDENTS 1

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2 and 3 ARE THE SONS AND THE RESPONDENT NO.4 IS THE WIDOW OF LT. SATISH SARMA. - ALL ARE THE RESIDENTS OF KAMARKUCHI MOUZA- UPAR BARBHAG P.O. andDIST. NALBARI ASSAM.

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Advocate for the Petitioner : MR.R DUARAH Advocate for the Respondent : MR.P ROY

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BEFORE

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HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 07-02-2020

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Heard Mr. B Talukdar, learned counsel for the applicant.

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Page No.# 3/3

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By the order of 02.01.2020, RSA No.85/2009 stood dismissed for non-prosecution by taking note of that the order dated 04.11.2009 in RSA No.85/2009 provided that the record does not indicate anything regarding steps having been taken.

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Mr. Talukdar, learned counsel by referring to the office note dated 09.03.2010 submits that steps were taken and A/D cards were received back from respondent Nos.1 to 4 after due service.

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In view of the subsequent order dated 09.03.2010, the order dated 02.01.2020 stands recalled.

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Accordingly, RSA No.85/2009 be restored to file.

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The appeal being RSA No.85/2009 be listed for hearing on 20.02.2020.

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Interlocutory application stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Sri Ramesh Das v. Sri Kishore Sharma and 3 Ors.

Case brief

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Sri Ramesh Das v. Sri Kishore Sharma and 3 Ors.

Case brief

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