Disposed¶30

Dhambarudhar Das and 7 Ors. v. Nila Ram Das

Gauhati HC7 Jan 2025CRP(IO)/332/2024

Case brief

AI extract

What is this about?

Gauhati High Court; CRP(IO)/332/2024; Robin Phukan, J.; order dated 08.01.2025; Article 227 Constitution of India; Sections 115/151 CPC; withdrawal of revision petition; impugned order dated 30.05.2024 by Civil Judge (Senior Division) No. 2, Mangaldai dismissing Petition Nos. 149/2024 and 150/2024 in Title Suit No. 133/2013; Annual Patta converted to Periodic Patta (Dag No. 769, Patta No. 264, Sipajhar Mouza) vide order dated 19.07.2023; liberty to file amendment petition before trial court; petition disposed of on withdrawal; petitioners Dhambarudhar Das and 7 others; respondent Nila Ram Das; advocates R Sensua and B K Das.

What did the court decide?

Permission granted to the petitioners to withdraw the Civil Revision Petition, with liberty to approach the learned trial court by filing an appropriate petition. ¶30

Dhambarudhar Das and 7 Ors. Vs Nila Ram Das — Writ and Judicial Review | Gauhati HC (2025)

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GAHC010152662024

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

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Case No. : CRP(IO)/332/2024

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DHAMBARUDHAR DAS AND 7 ORS.

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S/O- LATE DEHIRAM DAS, R/O- UPPER KURUWA, MOUZA- SIPAJHAR, P.S. SIPAJHAR, DIST.- DARRANG, ASSAM, PIN- 781150.

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2: BAPURAM DAS @ HANIA DAS S/O- LATE DEHIRAM DAS R/O- UPPER KURUWA MOUZA- SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 781150.

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3: MINOTI DAS W/O- LATE GUDHUL DAS R/O- UPPER KURUWA MOUZA- SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 781150.

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4: DHARMESWAR DAS S/O- LATE CHENI RAM DAS R/O- UPPER KURUWA MOUZA- SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 781150.

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5: AMULYA DAS S/O- LATE CHENI RAM DAS R/O- UPPER KURUWA

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MOUZA- SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 781150. 6: SONESWAR DAS S/O- LATE KURMITI DAS R/O- UPPER KURUWA MOUZA- SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 781150.

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7: BINOY DAS S/O- SRI SONESWAR DAS R/O- UPPER KURUWA MOUZA- SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 781150. 8: RIDIP DAS S/O- SRI SONESWAR DAS R/O- UPPER KURUWA MOUZA- SIPAJHAR P.S. SIPAJHAR DIST.- DARRANG ASSAM PIN- 781150

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VERSUS

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NILA RAM DAS S/O- LATE MINA RAM DAS, R/O- BHATI KURUWA, MOUZA- SIPAJHAR, P.S. SIPAJHAR, DIST.- DARRANG, ASSAM, PIN- 781150.

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Advocate for the Petitioner : MR R SENSUA, R A LAHKAR,G KAUSHIK,A M AHMED

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Advocate for the Respondent : MR. B K DAS, MR H P GUWALA,H P NEOG

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

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08.01.2025

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Heard Mr. R. Sensua, learned counsel for the petitioners and Mr. B.K. Das, learned counsel for the respondent.

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2. In this petition, under Article 227 of the Constitution of India, read with Sections 115/151 of the C.P.C., the petitioners have put to challenge the correctness or otherwise of the Order dated 30.05.2024, passed by the learned Civil Judge (Senior Division) No. 2, Mangaldai, in Petition Nos. 149/2024 and 150/2024, arising out of Title Suit No. 133/2013.

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3. It is to be noted here that vide order dated 30.05.2024, the learned Civil Judge (Senior Division) No. 2, Mangaldai has dismissed the Petition Nos. 149/2024 and 150/2024, arising out of Title Suit No. 133/2013.

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4. Mr. Sensua, learned counsel for the petitioners submits that vide order dated 19.07.2023, the land in question, which was earlier an Annual Patta land, was convert to a Periodic Patta land, with Dag No. 769 and Patta No. 264 under Sipajhar Mouza, during the pendency of the suit and then, the nature and character of the suit land stands changed. Mr. Sensua further submits that instead of filing the present revision petition, against the impugned order dated 30.05.2024, the petitioners ought to have preferred one petition for amendment of the written statement and therefore, he may be permitted to withdraw this petition and with liberty to approach the learned trial court by filing appropriate amendment petition.

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5. On the other hand, Mr. Das, learned counsel for the respondent submits that he has no objection in the event of allowing the petitioners to withdraw this

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petition and granting them liberty to approach the learned trial court.

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6. Taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this court deems it fit and proper to accord permission to the petitioners to withdraw this petition. However, liberty will remain with them to approach the learned trial court by filing appropriate petition.

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7. Accordingly, this Civil Revision Petition stands disposed of on withdrawal.

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JUDGE

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Comparing Assistant

Dhambarudhar Das and 7 Ors. v. Nila Ram Das

Case brief

What is this about?

What did the court decide?

Dhambarudhar Das and 7 Ors. v. Nila Ram Das

Case brief

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What the court decided

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