High Court refused writ of certiorari under Article 227 challenging an ex parte judgment and subsequent appeal in a property suit. Court found no perversity in impugned orders and dismissed the application.
Interim order passed earlier vacated; petition for Article 227 relief dismissed.
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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GAHC010014402022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/6/2022
MITA GHOSH
R/O- 5TH FLOOR, JAGABANDHU APARTMENT, P.O. AND P.S. GMC, BHANGAGARH, G.S. ROAD, GUWAHATI-781005, DIST.- KAMRUP(M), ASSAM AND PRESENTLY RESIDING AT FLAT NO. 03/D ANNEXURE-A, RUDRESHWAR OF DINESH OJHA PATH, BHANGAGARH, REVEUE VILLAGE-JAPORIGOG, MOUZA- BELTOLA, DIST.- KAMRUP(M), ASSAM
VERSUS
M/S RUDRESHWAR CONSTRUCTION PRIVATE LIMITED A PRIVATE LIMITED COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT REHANA MANSION, 1ST FLOOR, RATAM DEWAN ROAD, ULUBARI, GUWAHATI781007, DIST.- KAMRUP(M), ASSAM REP. BY ITS DIRECTOR SMTI. RANJANA GHOSAL, WIFE OF SRI ASHIM GHOSAL, R/O- BHANGAGARH, DINESH OJHA PATH, GUWAHATI-781005, DIST.- KAMRUP(M), ASSAM
Advocate for the Petitioner : MR. N N JHA
Advocate for the Respondent : MR. S P CHOUDHURY
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 18-05-2022
Heard Mr. N. N. Jha, the learned counsel appearing for the petitioner.
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Also heard Mr. S.P. Choudhury, the learned counsel appearing for the opposite party.
the judgment and decree dated 17.09.2019 passed by the learned Civil Judge No.
1, Kamrup(M), Guwahati in Title Suit No. 417 of 2017 and the order dated 18.01.2022 passed by the Additional District Judge No. 2, Kamrup(M), Guwahati in Title Appeal No. 01/2022.
not appear and an ex-parte judgment was passed against her. Thereafter a delayed appeal was filed in the Court of the Additional District Judge No. 2, Kamrup(M), Guwahati alongwith a petition under Section 5 of the Limitation Act.
learned for both sides.
power. This power is exercised by the Courts under Tribunal inferior to the High Court.
was decreed ex-parte. After some delay, the appeal was filed. The Appellate Court
issued notice to the other party.
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JUDGE
Comparing Assistant
2 issues framed by the court
Whether the High Court should exercise its supervisory power under Article 227 to interfere with the impugned orders in a property title suit.
Whether the ex-parte judgment and subsequent appeal were perverse given the petitioner's absence.
2 provisions across 2 enactments
Mita Ghosh
M/s Rudreshwar Construction Private Limited
Partshivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
