Allowed

Domily Potom v. Nyai Kamduk

Gauhati HC1 Mar 2023IA(C)/42/2023

Case brief

AI extract

What is this about?

The court allowed an interlocutory application for substitution of a deceased party in a pending writ petition. Upon verification of a death certificate, the deceased Respondent No. 5 was to be substituted by the applicant, the wife, with necessary corrections in the cause title. Outcome disposed.

What did the court decide?

The applicant is permitted to substitute Respondent No. 5. The cause title will be corrected accordingly. The application is disposed.

Domily Potom Vs Nyai Kamduk — Gauhati HC (2023) — LawSathi Research

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Page No.# 1/3

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GAHC040002842023

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

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Case No. : IA(C) 42/2023

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1:Domily Potom W/o Lt. Marcony Potom,

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Permanent Resident of Village Yeggo, PO/PS Aalo, District West Siang, Arunachal Pradesh.

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VERSUS

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1:Nyai Kamduk S/o Lt. Kinya Kamduk,

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Permanent Resident of Pakam Village, PO/PS Aalo, District West Siang, Arunachal Pradesh.

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Advocate for the Petitioner : Domo Boje

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Advocate for the Respondent : Nikita Danggen

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Linked Case : WP(C) 550/2016

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1:SHRI NYAI KAMDUK

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S/O LT. KINYA KAMDUK PERMANENT RESIDENT OF PAKAM VILLAGE PO/PS AALO DIST WEST SIANG AP.

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VERSUS

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1:THE STATE OF A.P. AND 5 ORS. REP. BY THE SECRETARY/COMMISSIONER

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Page No.# 2/3

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LAND GOVT. OF AP ITANAGAR

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2:THE DIRECTOR DEPTT. OF LAND MANAGEMENT GOVT. OF AP ITANAGAR PO/PS DISTRICT PAPUM PARE ITANAGAR AP.

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3:THE DEPUTY COMMISSIONER AALO WEST SIANG DIST. PO/PS AALO AP. 4:THE DISTRICT REVENUE AND SETTLEMENT OFFICDER DLRSO AALO WEST SIANG DISTT. PO/PS AALO AP. 5:ER. MARCONY POTOM S/O LT. REMAR POTOM YEGGO VILLAGE PO/PS AALO DISTRICT WEST SIANG AP. 6:SHRI LEMGO LOYI S/O HILEM LOYI RESIDENT OF PAKAM VILLAGE PO/PS DIST. WEST SIANG AP. Advocate for the Petitioner : T Tatak Advocate for the Respondent : SC(L & M)

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BEFORE

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HONBLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 01-03-2023

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Heard Mr. D. Boje, learned counsel for the applicant.

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This is an application filed by Smti Domily Potom, wife of late Marcony

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Page No.# 3/3

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Potom, for substitution of respondent No.5 by the applicant contending that the respondent No.5, who is the late husband of the applicant had died on 19.10.2022. A death certificate dated 15.11.2022, annexed as Annexure-A to the application, which has been issued by the Registrar of Birth & Death, Dhirenpara, Guwahati, Assam.

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Upon perusal of the application filed by the applicant and the death certificate of the respondent No.5 annexed as Annexure-A to the application, this application stands allowed.

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Accordingly, the applicant Smti Domily Potom, who is the wife of late Marcony Potom, shall substitute the respondent No.5 in WP(C)550(AP)2016.

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Registry shall make necessary correction in the Cause Title of the writ petitioner, in terms of the order passed today in this interlocutory application.

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The I.A. stands allowed and disposed of.

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Comparing Assistant

Domily Potom v. Nyai Kamduk

Case brief

What is this about?

What did the court decide?

Domily Potom v. Nyai Kamduk

Case brief

What is this about?

What did the court decide?

What the court decided

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