Dismissed

Biman Kanti Purkayastha and 2 Ors. v. Bikash Purkayastha and Anr.

Gauhati HC5 May 2022CRP/106/2019

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a revision application as not maintainable against a final decree but observed that the petitioners are eligible to file an appeal within 20 days without limitation strictures.

What did the court decide?

Revision application dismissed as not maintainable; petitioners allowed to file an appeal against the final decree within 20 days without insisting on limitation.

Biman Kanti Purkayastha and 2 Ors. Vs Bikash… — Execution and Attachment | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010198542019

¶3

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

¶4

Case No. : CRP/106/2019

¶5

BIMAN KANTI PURKAYASTHA AND 2 ORS. S/O LT. BIRENDRA KUMAR PURKAYASTHA R/O NABAPALLY ROAD MALUGRAM SILCHAR PIN- 788002 DIST.- CACHAR ASSAM.

¶6

2: SWAPNA BHATTACAHRJEE W/O SRI CHAYAN BHATTACHRJEE R/O NUTANPATTY SILCHAR PIN- 788001 DIST.-CACHAR ASSAM.

¶7

3: SWATHI BHATTACHARJEE W/O SRI ASHIM BHATTACHARJEE R/O BLOCK NO. 35 ROOM NO. 1307. C.G.S. COLONY SECTOR 7 ANTOP HILL PIN- 400037 MUMBAI MAHARASTRA. VERSUS

¶8

BIKASH PURKAYASTHA AND ANR. S/O LT. BIRENDRA KUMAR PURKAYASTHA R/O NABAPALLY ROAD

¶9

Page No.# 2/3

¶10

MALUGRAM SILCHAR P.O. AND P.S.- SILCHAR PIN- 788002 DIST.- CACHAR ASSAM. 2:BIBHAS PURKAYASTHA S/O LT. BIRENDRA KUMAR PURKAYASTHA R/O NABAPALLY ROAD MALUGRAM SILCHAR PIN- 788002 DIST.- CACHAR ASSAM. -----------Advocate for : MR. S D PURKAYASTHA Advocate for : MS. S SENAPATI appearing for BIKASH PURKAYASTHA AND ANR.

¶11

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

¶12

ORDER

¶13

Date : 05.05.2022

¶14

Heard Mr. S.D. Purkayastha, the learned counsel for the petitioners and Ms. N. Saikia, the learned counsel appearing for the sole respondent.

¶15

The instant revision application has been filed challenging the order dated 06.10.2018 passed in Title Suit No.333/2006 whereby the Court of the Munsiff No.1 Cachar, Silchar vide the impugned order accepted the final report submitted by the Commissioner under Order XXVI Rule 14 of the Code of Civil Procedure and directed for preparation of the final decree.

¶16

The learned counsel for the petitioners submits that in pursuance thereto a final decree has been prepared on the basis of the report of the Commissioner dated 20.04.2018. It is also relevant to take note that the petitioners before this

¶17

Page No.# 3/3

¶18

Court are not challenging the adjudication of shares by the Trial Court while passing preliminary decree. What has been challenged in the instant proceedings is the final decree. As an appeal lies against the final decree in terms with Section 96 of Code of Civil Procedure for which the instant revision petition under Section 115 of the Code is not maintainable.

¶19

Consequently, the instant revision application stands dismissed as not maintainable. However the dismissal of the revision application would not preclude the petitioners to prefer an appeal against the order dated 06.10.2018 which is a decree in terms with Section 2(2) of the Code of Civil Procedure.

¶20

It further appears that pursuant to the passing of the order dated 06.10.2018, the petitioners had approached this Court by filing the revision application on 21.02.2019 and thereafter the said revision application has been pending before this Court. Taking into consideration that the Petitioners have been diligently pursuing the instant proceedings which is not maintainable, this Court deems it proper to observe that if the Petitioners file an appeal within 20 days from the date of this order, the Appeal be taken into consideration without insisting on the limitation.

¶21

With above observations, the instant revision application stands disposed of.

¶22

Comparing Assistant

Biman Kanti Purkayastha and 2 Ors. v. Bikash Purkayastha and Anr.

Case brief

What is this about?

What did the court decide?

Biman Kanti Purkayastha and 2 Ors. v. Bikash Purkayastha and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bevin Basumatary Vs Cotton University and Anr.

Debi Kant Roy Vs the Union of India and 4 Ors.

Uma Kanta Roy, Vs the Union of India and 4 Ors.

Hassina Dilruba Vs the State of Assam and 2 Ors.

Md. Muktar Hussain Vs the State of Assam and 2 Ors.

Md. Habibur Rahman Vs the State of Assam and 4 Ors.