On the Death of Raichand Bararia His Legal Heirs Laxmi Bararia and 3 Ors. Vs M/S. Kishorilal Vijay Kumar H.U.F. and Anr.

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GAHC010215032022

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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)/3326/2022

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ON THE DEATH OF RAICHAND BARARIA HIS LEGAL HEIRS LAXMI BARARIA AND 3 ORS.

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W/O LT. RAICHAND BARARIA, R/O SHIVAM COMPLEX, BHARALUMUKH, GUWAHATI-9, DIST- KAMRUP METRO, ASSAM

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2: SHRI KAMAL BARARIA S/O LT. RAICHAND BARARIA R/O SHIVAM COMPLEX BHARALUMUKH GUWAHATI-9 DIST- KAMRUP METRO ASSAM

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3: SHRI MUKESH BARARIA S/O LT. RAICHAND BARARIA R/O SHIVAM COMPLEX BHARALUMUKH GUWAHATI-9 DIST- KAMRUP METRO ASSAM

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4: PARVIN BARARIA S/O LT. RAICHAND BARARIA R/O SHIVAM COMPLEX BHARALUMUKH GUWAHATI-9 DIST- KAMRUP METRO ASSA

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VERSUS

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M/S. KISHORILAL VIJAY KUMAR H.U.F. and ANR. REP. BY SMTI. KUSUM MOUR AS KARTA, KEDAR ROAD, GHY-9, ASSAM

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2:SMT. KUSUM MOUR W/O LATE VIJAY KUMAR MOUR R/O KEDAR ROAD GUWAHATI-

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Advocate for the Petitioner : MR.S P ROY, JYOTISH DAS

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Advocate for the Respondent : MR. J SARMAH,

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Linked Case : CRP/36/2017 RAICHAND BARARIA 75 YRS. S/O LT. DHANRAJ BARARIA BY FAITH - HINDU JAIN PROFESSION- BUSINESS R/O SHIVAM COMPLEX BHARALUMUKH GHY-9 DIST- KAMRUP METRO ASSAM VERSUS M/S. KISHORILAL VIJAY KUMAR H.U.F. and ANR. REP. BY SMTI. KUSUM MOUR AS KARTA KEDAR ROAD GHY-9 ASSAM 2:KUSUM MOUR W/O LT. VIJAY KUMAR MOUR R/O KEDAR ROAD GHY-9 ASSAM -----------Advocate for : MR.S P ROY Advocate for : appearing for M/S. KISHORILAL VIJAY KUMAR H.U.F. and ANR.

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 02.04.2025

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1. Heard Mr. P. K. Roy, the learned senior counsel assisted by Mr. S. K. Chakraborty, the learned counsel for the petitioners as well as Mr. T. Roy, learned counsel for the respondent Nos. 1 and 2.

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2. This Civil Revision Petition (IO) has been registered on filing of an application under Article 227 of the Constitution of India by the petitioners impugning the order dated 20.01.2023, passed by the Court of learned Munsiff No. 1, Karimganj in Title Suit No. 288/2021, whereby it rejected a petition filed by the present petitioners (Petition No.680/2025), praying for allowing the defendant to start further construction of a residential building in the suit premises.

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3. The learned senior counsel for the petitioners has submitted that this Court by its order dated 11.03.2025 has directed both the parties to respond to a suggestion given by the Court as to whether the petitioners/defendants would be willing to give an undertaking before the Court that in the circumstances it the suit is decreed in favour of the respondents/plaintiffs, the present petitioners would have no objection handing over the constructed house to the respondents/plaintiffs without any further decree being sought for the same.

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4. It was also inquired as to whether the petitioners would also be in a position to give an undertaking that they would not create any third party rights over the constructed premises during the pendency of the suit.

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5. Similarly, the respondents were also asked to respond as to, in case

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the suit is dismissed would they be able to indemnify the respondents for loss suffered by the petitioners/defendant.

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6. The learned senior counsel for the petitioners has submitted that in pursuant to the order dated 11.03.2025, the petitioners have filed an undertaking dated 17.03.2025, whereby the petitioners have undertaken the following – “In the event that the Title Suit No. 224/2021 is decreed, in favour of the respondents/plaintiffs, the present petitioners (defendants) would have no objection in handing over the constructed house to the plaintiffs without any further decree being sought. During the pendency of the suit, they (the present petitioners/defendant), would not create any third party rights in respect of the suit land.

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7. The learned counsel for the respondents has submitted that in view of the undertaking given by the present petitioners/defendants, the respondents have no objections, if they are allowed to complete the remaining 20% of the construction over the suit land, subject to the undertaking given by the petitioners/ defendants.

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8. As the respondents have conceded the prayer of the petitioners, subject to the undertaking given by the petitioners of 17.03.2025, this Court is inclined to allow this Civil Revision Petition (IO) and set aside the impugned order dated 20.01.2023.

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9. The petitioners/defendant Nos. 1 and 2 are hereby allowed to start further construction on the suit land subject to the undertaking given by them in this case on 17.03.2025.

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10. The petitioner shall produce a certified copy of this order along with a certified copy of the undertaking furnished by them on 17.03.2025 before the Trial Court on the next date fixed.

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11. With the above observations, this Civil Revision Petition (IO) is disposed

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of.

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JUDGE

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Comparing Assistant

On the Death of Raichand Bararia His Legal Heirs Laxmi Bararia and 3 Ors. v. M/S. Kishorilal Vijay Kumar H.U.F. and Anr.

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On the Death of Raichand Bararia His Legal Heirs Laxmi Bararia and 3 Ors. v. M/S. Kishorilal Vijay Kumar H.U.F. and Anr.

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