The Gauhati High Court dismissed the revision petition filed by absent parties for non-prosecution and vacated the interim order passed on 22.02.2019.
Revision petition dismissed for non-prosecution and interim order vacated.
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.
Page No.# 1/4
GAHC010019652019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(I/O) 43/2019
1:SONAMATI BASFORE AND 5 ORS.
WIFE OF LT. UPEN BASFORE, R/O- SONA NAGAR, LAKHARA, MOUZACHARIDUAR, P.S. CHARIDUAR, DIST.- SONITPUR, ASSAM, PIN- 784103.
2: RAJU BASFORE SON OF LT. UPEN BASFORE R/O- SONA NAGAR LAKHARA MOUZA- CHARIDUAR P.S. CHARIDUAR DIST.- SONITPUR ASSAM PIN- 784103.
3: RAJEN BASFORE SON OF LT. UPEN BASFORE R/O- SONA NAGAR LAKHARA MOUZA- CHARIDUAR P.S. CHARIDUAR DIST.- SONITPUR ASSAM PIN- 784103.
4: CHANDAN BASFORE SON OF LT. UPEN BASFORE R/O- SONA NAGAR LAKHARA MOUZA- CHARIDUAR P.S. CHARIDUAR DIST.- SONITPUR ASSAM
Page No.# 2/4
PIN- 784103.
5: BICKEY BASFORE SON OF LT. UPEN BASFORE R/O- SONA NAGAR LAKHARA MOUZA- CHARIDUAR P.S. CHARIDUAR DIST.- SONITPUR ASSAM PIN- 784103.
6: LAKSHMI BASFORE DAUGHTER OF LT. UPEN BASFORE R/O- SONA NAGAR LAKHARA MOUZA- CHARIDUAR P.S. CHARIDUAR DIST.- SONITPUR ASSAM PIN- 784103
VERSUS
1:GOBIN BASFORE AND 4 ORS.
S/O- LT. SIVA BASFORE, R/O- SONA NAGAR LAKHARA, CHARIDUAR, P.S.CHARIDUAR, DIST.- SONITPUR, ASSAM, PIN- 784103.
2:SMTI. CHILA BASFORE W/O- SRI GOBIN BASFORE R/O- SONA NAGAR LAKHARA CHARIDUAR P.S.- CHARIDUAR DIST.- SONITPUR ASSAM PIN- 784103.
3:SMTI. PINKU BASFORE D/O.- SRI GOBIN BASFORE R/O- SONA NAGAR LAKHARA CHARIDUAR P.S.- CHARIDUAR DIST.- SONITPUR ASSAM PIN- 784103.
Page No.# 3/4
4:GAUTAM BASFORE S/O.- SRI GOBIN BASFORE R/O- SONA NAGAR LAKHARA CHARIDUAR P.S.- CHARIDUAR DIST.- SONITPUR ASSAM PIN- 784103.
5:RAHUL BASFORE S/O.- SRI GOBIN BASFORE R/O- SONA NAGAR LAKHARA CHARIDUAR P.S.- CHARIDUAR DIST.- SONITPUR ASSAM PIN- 784103
Advocate for the Petitioner : MS. T SOM
Advocate for the Respondent : MR. L R MAZUMDER
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 02-01-2020
None appears on call for the petitioners. However, Mr. I. Hussain, learned counsel for the respondents is present.
The learned counsel for the respondents submits that before the learned trial Court, evidence on affidavit of P.W.1 was filed on 09.11.2018. However, adjournment petition No.55/2019 was rejected by order dated 07.01.2019 and the parties were directed to appear before the learned Commissioner for recording cross-examination and the case was fixed for report by the learned Commissioner on 01.02.2019. However, without availing the opportunity to appear before the learned Commissioner to face cross-examination, the present revision has been filed. Be that as it may, as the petitioners are absent on call, the petition stands
Page No.# 4/4
dismissed for non-prosecution.
The interim order passed on 22.02.2019 stands vacated.
It would be open for the respondents herein to appear before the learned trial Court along with a certified copy of this order for facing further proceedings T.S. No.18/2016 pending in the Court of learned Munsiff No.2, Tezpur.
JUDGE
Comparing Assistant
Sonamati Basfore and 5 Ors.
Gobin Basfore and 4 Ors.
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
