Disposed

Nitul Chandra Bharali @ Nitul Bharali v. Nabin Sarma and 4 Ors.

Gauhati HC9 Mar 2022CRP(IO)/46/2022

Case brief

AI extract

What is this about?

High Court heard a revision petition challenging a stay order in a pending appeal arising from a title suit requested the appellate court he appearance shortly and maintained the existing status quo until appeal proceedings were completed

What did the court decide?

The appellate court is directed to hear the appeal on 05.04.2022. Status quo and existing interim directions regarding the suit land are maintained until the appeal is disposed of.

Nitul Chandra Bharali @ Nitul Bharali Vs… — Civil Procedure and Limitation | Gauhati HC (2022)

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GAHC010043122022

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

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Case No. : CRP(IO)/46/2022

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NITUL CHANDRA BHARALI @ NITUL BHARALI S/O- LATE RAJAT CHANDRA BHARALI, R/O- H. NO- 45, KALICHARAN BHARALI COMPLEX, GNB ROAD, AMBARI, OPPOSITE RABINDRA BHAWAN, GHY-01, DIST- KAMRUP(M), ASSAM AND REPRESENTED BY HIS TRUE AND LAWFUL ATTORNEY MD. ABDUL RAHMAT, S/O- HAREJ ALI, R/O- PUKHURIPARA SATGAON,PO- UDAYAN VIHAR, GHY-171, PSSATGAON,DIST- KAMRUP(M), ASSAM, PH-86381-82982

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VERSUS

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NABIN SARMA AND 4 ORS. S/O- LATE KALIRAM SARMA, R/O- H. NO. 60 (ABAKASH), KAMALA KANTA BHATTACHARYA PATH, NEAR HATIGAON HIGH SCHOOL, GHY-38, DISTKAMRUP(M), ASSAM

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2:THE STATE OF ASSAM

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REP. BY THE SECRETARY DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT DISPUR GHY-06 DIST- KAMRUP(M) ASSAM

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3:THE DEPUTY COMMISSIONER KAMRUP(M) PANBAZAR GHY-01 DIST- KAMRUP(M) ASSAM

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4:THE ADC (LAND SETTLEMENT BRANCH)

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Page No.# 2/3

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KAMRUP(M) PANBAZAR GHY-01 DIST- KAMRUP(M) ASSAM 5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE BELTOLA GHY-29 DIST- KAMRUP(M) ASSA

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Advocate for the Petitioner : MR. K N CHOUDHURY

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Advocate for the Respondent : MS A HUSSAIN

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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09.03.2022

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Heard Mr. K. N. Choudhury, learned senior counsel representing the petitioner. Also heard Mr. A. C. Sarma, learned senior counsel appearing for the respondents.

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This is an application under Article 227 of the Constitution of India challenging the order dated 22.02.2022 passed by the Additional District Judge No. 2, Kamrup (M) at Guwahati in Misc. Appeal No. 08/2022.

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The facts necessary for disposal of this revision petition lies within a short campus:- The petitioner filed a suit being TS 33/2022 against the respondents. At the time of filing of the suit, an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure was also filed. That petition was registered as Misc. (J) Case No. 34/2002. The trial court, on 12.01.2022, passed an ex-parte order asking the respondents not to create nuisance, obstruction, annoyance, threat and intimidation to the petitioner in respect of his peaceful use and occupation of the suit land. The Court also directed the respondents not to change the nature, character and feature of the suit land in any manner. The court also asked the respondents not to undertake any construction in the suit land.

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Against the said order, the respondents filed an appeal being Misc. Appeal No. 08/2022. On 22.02.2021 the appellate court admitted the appeal and stayed the operation of the order dated 12.01.2022 passed in Misc. (J) Case No. 34/2022 arising out of the Title Suit No. 33/2022.

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The present revision petition has been filed because of the aforesaid stay order of the appellate court.

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I have given my anxious consideration to the submissions made by the learned counsels for both sides.

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The title suit is still pending for disposal and the Misc. Appeal No. 08/2022 is also pending for disposal. Therefore, this court is not going to express any opinion touching the merit of the case.

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I have been informed by both sides that Misc. Appeal No. 08/2022 is at hearing stage. Therefore, I am of the opinion that the Misc. Appeal should be heard within a short time and till the appellate court decides the appeal, both parties should maintain status quo in respect of the suit property.

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Therefore, the appellate court is directed to hear the appeal on 05.04.2022. If for some reason, the appeal is not heard on that day, it shall be heard on the next day i.e. 06.04.2022. No adjournment shall be given to either of the parties. But if both sides jointly apply for adjournment then the court may consider the same.

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It is further directed that till Misc. Appeal No. 08/2022 is disposed of, both sides shall maintain status-quo as on today in respect of the suit land. It is clarified that no construction or destruction activity shall be undertaken in the suit land till disposal of the appeal. The earlier directions dated 12.01.2022 passed in Misc. (J) Case No. 34/2002 shall also remain in force till disposal of the appeal.

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With the aforesaid directions, this civil revision petition stands closed.

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JUDGE

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Comparing Assistant

Nitul Chandra Bharali @ Nitul Bharali v. Nabin Sarma and 4 Ors.

Case brief

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Nitul Chandra Bharali @ Nitul Bharali v. Nabin Sarma and 4 Ors.

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