Disposed

Ratan Das v. Mr Kamakhya Prasad Agarwalla @ Kamakhya Prasad Bagaria and Ors.

Gauhati HC14 Jul 2025I.A.(Civil)/2181/2025

Case brief

AI extract

What is this about?

The appellant sought withdrawal of a second appeal and connected interlocutory application with liberty to approach the Court again. The respondents opposed, alleging harassment and seeking costs. The Court allowed withdrawal with liberty but declined to impose costs due to absence of evidence of mala fide intention.

What did the court decide?

Withdrawal of second appeal and connected interlocutory application granted with liberty to file a fresh petition; no costs imposed.

Ratan Das Vs Mr Kamakhya Prasad Agarwalla @… — Civil Procedure and Limitation | Gauhati HC (2025)

Page No.# 1/4

GAHC010126442025

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

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Case No. : I.A.(Civil)/2181/2025

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RATAN DAS

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S/O. LT. CHINTAHARAN DAS, R/O. SARUPATHAR TOWN, WARD NO. 2, MOUZA AND P/O. SARUPATHAR, DIST. GOLAGHAT, PIN-785601

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VERSUS

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MR KAMAKHYA PRASAD AGARWALLA @ KAMAKHYA PRASAD BAGARIA AND ORS S/O. LT. KISHANLAL AGARWALLA, PRESENTLY RESIDING AT BHANGAGARH, GUWAHATI-781005, KAMRUP (M), ASSAM.

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2:SURESH KUMAR BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT REHABARI P/O. AND P/S. PALTAN BAZAR GUWAHATI-781008 KAMRUP (M) ASSAM.

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3:JUGAL KISHORE BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT MASULKAR COLONY PIMPRI PUNE-411018

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Page No.# 2/4

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PIN-785601 DIST. GOLAGHAT ASSAM

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Advocate for the Petitioner : MR. JYOTIRMOY ROY, MR. C CHAKRAVARTY,B SAHA,MR B P SARMAH

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Advocate for the Respondent : MR. V N UPADHYAY, P MOHESWARI,MS P MISHRA

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Linked Case : RSA/104/2025

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RATAN DAS S/O. LT. CHINTAHARAN DAS R/O. SARUPATHAR TOWN WARD NO. 2 MOUZA AND P/O. SARUPATHAR DIST. GOLAGHAT PIN-785601

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VERSUS

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MR KAMAKHYA PRASAD AGARWALLA @ KAMAKHYA PRASAD BAGARIA AND ORS S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT BHANGAGARH GUWAHATI-781005 KAMRUP (M) ASSAM.

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2:SURESH KUMAR BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT REHABARI P/O. AND P/S. PALTAN BAZAR GUWAHATI-781008 KAMRUP (M) ASSAM.

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3:JUGAL KISHORE BAGARIA

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S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT MASULKAR COLONY PIMPRI PUNE-411018

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Page No.# 3/4

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4:RAMESH KUMAR BAGARIA S/O. LT. KISHANLAL AGARWALLA PRESENTLY RESIDING AT BHANGAGARH GUWAHATI-781005 KAMRUP (M) ASSAM. ALL ARE PERMANENT RESIDENTS OF SARUPATHAR TOWN WARD NO. 2 MOUZA AND P/O. SARUPATHAR PIN-785601 DIST. GOLAGHAT ASSAM. -----------Advocate for : MR. JYOTIRMOY ROY Advocate for : MR. V N UPADHYAY appearing for MR KAMAKHYA PRASAD AGARWALLA @ KAMAKHYA PRASAD BAGARIA AND ORS

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 15.07.2025

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Heard Mr. J. Roy, learned Senior Counsel, assisted by Mr. R. Hazarika, learned counsel for the applicant/appellant. Also heard Ms. P. Mishra, learned counsel for the opposite parties/respondents.

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Mr. Roy, learned Senior Counsel for the applicant/appellant submits that he has instruction to withdraw this second appeal as well as the connected interlocutory application and that the applicant/appellant may be granted liberty to approach this Court again by filing appropriate petition.

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However, Ms. Mishra, learned counsel for the opposite parties/respondents submits that the respondents are being harassed by filing inappropriate application and therefore, she prays that some cost may be imposed upon the appellant, while granting liberty.

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Page No.# 4/4

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Taking note of the submissions of learned Advocates of both sides, this Court deems it appropriate to allow Mr. Roy to withdraw this second appeal and the connected interlocutory application. However, liberty is granted to the appellant to approach this Court again by filing appropriate petition.

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In the given facts and circumstances, this Court is not inclined to impose any cost as there is absence of materials to suggest that with mala fide intention, the appeal was filed.

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The certified copies enclosed with the second appeal and the interlocutory application be returned to the applicant/appellant.

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JUDGE

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Comparing Assistant

Ratan Das v. Mr Kamakhya Prasad Agarwalla @ Kamakhya Prasad Bagaria and Ors.

Case brief

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Ratan Das v. Mr Kamakhya Prasad Agarwalla @ Kamakhya Prasad Bagaria and Ors.

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