Might Court closed the revision application on dismissal. It held the application was not maintainable as the proceedings did not fall under Assam Rent Control Act, and a Second Appeal was pending. No substantive decision on merits was rendered.
The revision application stands closed on dismissal.
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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GAHC010002882019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/2/2019
NIKHIL TALUKDAR S/O- LATE AMBIKA CHARAN TALUKDAR, R/O- KHARUPETIA TOWN, MOUZA- KHARUPETIA, P.S.- DALGAON, DIST.- DARRANG, ASSAM.
VERSUS
ASHIM SAHA AND ANR. S/O- SRI AMULYA SAHA, R/O- WARD NO. 7, KHARUPETIA TOWN, MOUZA- KHARUPETIA, P.S.- DALGAON, DIST.- DARRANG, ASSAM.
4:AMULYA SAHA S/O- LATE DEBENDRA CHANDRA SAHA
R/O- WARD NO. 7 KHARUPETIA TOWN
MOUZA- KHARUPETIA P.S.- DALGAON
DIST.- DARRANG ASSAM
For the Petitioner(s) : Mr. R. Sharma, Advocate For the Respondent(s) : Mr. T. U. Laskar, Advocate : Mr. T. R. Gogoi, Advocate
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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 11.03.2024
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the revision application maintaining section 115 CPC is maintainable given the exclusion from Assam Urban Areas Rent Control Act, 1972?
Whether the pendency of a Second Appeal warrants dismissal of the filed revision?
Whether the revision application should be closed on dismissal due to Pendency of Second Appeal and lack of maintainability?
2 provisions across 2 enactments
Nikhil Talukdar
Ashim Saha
Amulya Saha
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
