Dismissed

Govind Prasad Prakash Chand v. Puspa Devi Jain and Anr.

Gauhati HC2 Jun 2020CRP/41/2017

Case brief

AI extract

What is this about?

The High Court disposed of a revision petition challenging an order accepting a Civil Nazir's report. Since the underlying title suit was already decreed, the Court held no live issue survived and clarified that future repair orders require fresh applications before the First Appellate Court.

What did the court decide?

Revision petition closed with clarification that future repair orders require fresh application before the First Appellate Court.

Govind Prasad Prakash Chand Vs Puspa Devi Jain and Anr. — Property and Title | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010121752017

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

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Case No. : CRP 41/2017

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1:GOVIND PRASAD PRAKASH CHAND

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A HINDU UNDIVIDED FAMILY, REPRESENTED BY ITS KARTA, SRI PRAKASH CHAND SIOTIA, S/O. LT. GOVIND PRASAD SIOTIA, HAVING ITS SHOP CUM OFFICE AT SHOPPER'S POINT, H.B. ROAD, FANCY BAZAR, P.O. GUWAHATI- 781001, ASSAM.

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VERSUS

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1:PUSPA DEVI JAIN and ANR. W/O. SRI DHARAM CHAND JAIN,

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2:M/S NIRMAL PRINTERS and STATIONERS REPRESENTED BY ITS PROPRIETOR- SMTI. PUSPA DEVI JAIN BOTH ARE HAVING THEIR PLACE OF BUSINESS AT OSWAL COMPLEX GROUND FLOOR KAMRUP CHAMBER ROAD OPP. AGARWAL VIVAH BHAWAN FANCY BAZAR P.O. GUWAHATI- 781001 DIST. KAMRUPMETRO ASSAM

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Advocate for the Petitioner : MRJ C GAUR

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER

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02.06.2020

Heard Mr. J. C. Gaur, learned counsel for the revision petitioner. None has appeared for the respondents.

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In this revision petition the order dated 07.12.2016 passed by the learned Munsiff No.1, Kamrup(Metro), Guwahati in Title Suit No.14/2012 has been assailed. By the impugned order dated 07.12.2016, the learned Munsiff had accepted the report submitted by the Civil Nazir after carrying out inspection of the tenanted premises.

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Mr. Gaur submits that his client did not receive any notice of inspection from the Civil Nazir as a result of which, a prayer was made before the trial court for cross-examining the Nazir. But on 07.12.2016, which was the date fixed for cross-examination of the Nazir, the petitioner could not appear to conduct the cross-examination, as a result of which, the impugned order was passed. Mr. Gaur further submits that the Title Suit No.14/2012 instituted by his client has already been decreed on 01.12.2017 during the pendency of this revision petition and the Title Appeal being T.A. No.31/2018 preferred by the respondents against the decree passed by the trial court is pending in the Court of learned Civil Judge No.2, Kamrup(M) at Guwahati.

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After perusal of the impugned order dated 07.12.2016 I find that by the impugned order the learned Munsiff had merely accepted the report of the Civil Nazir. From the submission of Mr. Gaur, it is apparent that no action for repair of the tenanted premises based on the report of the Civil Nazir has been taken till date. However, since the suit has already been decreed, the order dated 07.12.2016 in my opinion has also lost its force. Under the circumstances, I

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Page No.# 3/3

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am of the view that no live issue survives in this revision petition.

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This revision petition is, therefore, disposed of by clarifying that if any fresh order for repair of the tenanted premises is called for, the same can be passed only on the basis of a fresh application moved before the First Appellate Court, after hearing both the parties.

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The revision petition is accordingly closed.

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JUDGE

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Comparing Assistant

Govind Prasad Prakash Chand v. Puspa Devi Jain and Anr.

Case brief

What is this about?

What did the court decide?

Govind Prasad Prakash Chand v. Puspa Devi Jain and Anr.

Case brief

What is this about?

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