Disposed

On the Death of Ananta Pathak His Legal Heirs Mahendra Mohan Pathak and 7 Ors. v. Amarendra Thakuria

Gauhati HC4 Jan 2022CRP/416/2012

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AI extract

What is this about?

The Hon'ble Gauhati High Court disposed of a civil revision petition without making new findings, holding that since the legal issues and facts are identical to CRP No.415/2012 (decided on 16.11.2021), the current case is disposed of in the same terms as that earlier judgment.

What did the court decide?

Revision petition disposed of in the same terms as the judgment in CRP No.415/2012 dated 16.11.2021.

On the Death of Ananta Pathak His Legal Heirs Mahendra… — Property and Title | Gauhati HC (2022)

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GAHC010243952012

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

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Case No. : CRP/416/2012

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ON THE DEATH OF ANANTA PATHAK HIS LEGAL HEIRS MAHENDRA MOHAN PATHAK and 7 ORS. SON.

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2: BHABESH PATHAK SON

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3: RAJESH PATHAK SON

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4: RENUKA HALOI DAUGHTER

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5: CHITRA PATHAK DAUGHTER

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6: LATIKA PATHAK DAUGHTER

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7: DALIMI PATHAK DAUGHTER

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8: JUPITARA PATHAK DAUGHTER ALL ARE R/O VILL/PO. BAIRAGI PS. PATACHARKUCHI DIST. BARPETA ASSA

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VERSUS

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AMARENDRA THAKURIA S/O LT. PHATICK THAKURIA, VILL. NAKHARA, PO. TIHU, PS. TIHU, MOUZA-TIHU, DIST. NALBARI, PIN-781371

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Advocate for the Petitioner : MR. S BISWAS

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Advocate for the Respondent : MS.J BEGUM

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B E F O R E

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HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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04.01.2022

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Heard Mr. D Mazumdar, learned senior counsel for the petitioners. Also heard Mr. A Iqbal, learned counsel for the sole respondent.

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The predecessor-in-interest of the respondents namely Lt. Phatik Thakuria was also a tenant to the predecessor-in-interest of the petitioners, namely, Lt. Ananta Pathak along with another tenant namely Lt. Daso Ram Das. The circumstances and the terms under which the tenancy was arrived at by Lt. Daso Ram Das and Lt. Phatik Thakuria is stated to be same. In respect of Lt. Daso Ram Das, CRP No.415/2012 was decided by the judgment dated 16.11.2021 wherein the legal issues involved in the dispute between the parties were adjudicated and certain conclusions were arrived at in paragraphs 11 and 14 and certain directions were issued in paragraphs 18 and 19 thereof. As the

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legal issues involved and the facts and circumstances are same as in CRP No.415/2012 and as agreed upon by the learned counsel for the parties, we dispose of this revision petition in the same terms in the line of the judgment dated 16.11.2021 passed in CRP No.415/2012.

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In other words, the conclusions arrived at in paragraphs 11 and 14 in the judgment dated 16.11.2021 in CRP No.415/2012 and the directions issued in paragraphs 18 and 19 thereof shall also be applicable in the present civil revision and the parties would be bound by the same, including the terms contained in paragraphs 18 and 19 thereof.

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The revision petition stands disposed of in the above terms.

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A copy of the judgment dated 16.11.2021 in CRP No.415/2012 is kept as part of the record.

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JUDGE

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Comparing Assistant

On the Death of Ananta Pathak His Legal Heirs Mahendra Mohan Pathak and 7 Ors. v. Amarendra Thakuria

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On the Death of Ananta Pathak His Legal Heirs Mahendra Mohan Pathak and 7 Ors. v. Amarendra Thakuria

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