Disposed

Mahidhar @ Mahodar Barman v. Subal Ch Barman and 23 Ors.

Gauhati HC10 Mar 2024CRP/23/2024

Case brief

AI extract

What is this about?

Petitioner sought to withdraw his Article 227 revision petition challenging an order dated 03.01.2024, intending to file a Regular Second Appeal instead. The Court closed the application on withdrawal, excluded the period from 02.02.2024 while computing limitation for filing the appeal, and directed return of the certified copy.

What did the court decide?

Application closed on withdrawal; period from 02.02.2024 till date excluded for computing limitation; certified copy of impugned order to be returned.

Mahidhar @ Mahodar Barman Vs Subal Ch Barman and 23 Ors. — Property and Title | Gauhati HC (2024)

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Page No.# 1/4

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GAHC010023182024

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

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Case No. : CRP/23/2024

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MAHIDHAR @ MAHODAR BARMAN S/O- LATE RATNESWAR BARMAN , VILLAGE- BYAKUCHI, MOUZA- SARUKHETRI, P.S- SARTHEBARI,DIST- BARPETA, ASSAM

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VERSUS

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SUBAL CH BARMAN AND 23 ORS S/O- LATE RATNESWAR BARMAN , VILLAGE- BYAKUCHI, MOUZA- SARUKHETRI, PIN-781305 P.S- SARTHEBARI,DIST- BARPETA, ASSAM

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2:SAILEN BARMAN S/O- LATE TARUN CH. BARMAN

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3:DHANANJAY BARMAN S/O- LATE ADITYA BARMAN

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4:KUSHAL BARMAN S/O- LATE SURYA KANTA BARMAN

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5:DHANJIT BARMAN S/O- LATE SURYA KANTA BARMAN

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6:GHAMESHYAM BARMAN S/O- LATE SURYA KANTA BARMAN

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Page No.# 2/4

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7:KANDORAM PATHAK S/O- MADAN CH. PATHAK

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8:BISAYA PATHAK W/O- RAMESH CH. PATHAK

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10:NILIMA PATHAK W/O-LT. NAORAM. PATHAK

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11:HITESH PATHAK W/O-LT. NAORAM. PATHAK

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12:MANAB PATHAK W/O-LT. NAORAM. PATHAK

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13:SASHIBALA BARMAN W/O-LT. PRAMOD BARMAN

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14:JINTU BARMAN S/O-LT. PRAMOD BARMAN

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15:MOMI BARMAN D/O-LT. PRAMOD BARMAN

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16:BASANTI BARMAN W/O- RATNESWAR BARMAN

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17:PARESH BARMAN S/O- RATNESWAR BARMAN

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18:KHANIN BARMAN S/O- RATNESWAR BARMAN

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19:BANAJIT BARMAN W/O- RATNESWAR BARMAN

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20:NILIMA BARMAN D/O- RATNESWAR BARMAN

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21:ANIMA BARMAN

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Page No.# 3/4

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D/O- RATNESWAR BARMAN

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22:MANJU BARMAN D/O- RATNESWAR BARMAN

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23:DIPTI BARMAN D/O- RATNESWAR BARMAN

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24:DIPALI BARMAN W/O- AKSHAY KR. BARMAN

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25:KUSHAL BARMAN S/O- LATE SADANANDA BARMAN

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ALL ARE R/O- BYAKUCHI

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P.S- SARTHEBARI DIST- BARPETA PIN-781305. ASSA

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For the Petitioner(s) : Mr. S. N. Krishnatraya, Advocate

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For the Respondent(s) : None appears.

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 11.03.2024

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The learned counsel for the Petitioner submitted that inadvertently the order dated 03.01.2024 passed in Misc. (J) Case No.107/2022 had been challenged through the present revision proceedings initiated under Article 227 of the Constitution of India.

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The learned counsel further submitted that that the dismissal of the appeal pursuant to rejection of the application for condonation of delay would amount to a decree. He therefore submitted that he may be permitted to withdraw the instant application with a liberty to file a Regular Second Appeal.

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The learned counsel for the Petitioner further submitted that the period during which the instant application has been pending be excluded while computing the period of limitation. Further to that, he also submitted that the Registry may be directed to return the certified copy of the said impugned order which has been filed along with the instant application.

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Taking into account the above, the instant application stands closed on withdrawal.

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This Court further directs that the period from 02.02.2024 till date be excluded while computing the period of limitation, in the circumstance, the Petitioner approaches this Court and files a Regular Second Appeal.

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This Court further directs the Registry of this Court to return the certified copy of the impugned order dated 03.01.2024, upon an application filed by the learned counsel for the Petitioner.

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JUDGE

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Comparing Assistant

Mahidhar @ Mahodar Barman v. Subal Ch Barman and 23 Ors.

Case brief

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What did the court decide?

Mahidhar @ Mahodar Barman v. Subal Ch Barman and 23 Ors.

Case brief

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