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Sri Gopal Borkakoty Vs Sri Nandan Borkakoty — Gauhati HC (2026) — LawSathi Research

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Gauhati HC
2026
Sri Gopal Borkakoty Vs Sri Nandan BorkakotySri Gopal Borkakoty v. Sri Nandan Borkakoty

Disposed¶42

Sri Gopal Borkakoty v. Sri Nandan Borkakoty

Gauhati HC10 Mar 2026I.A.(Civil)/569/2026

Case brief

AI extract

What is this about?

Gauhati High Court order dated 11.03.2026 in I.A.(Civil)/569/2026 linked to RSA/147/2024; Gopal Borkakoty v. Nandan Borkakoty, Kripal Borkakoty, Sagar Borkakoty, Karuna Borkakoty, Hari Borkakoty (all s/o Late Gunin Borkakoty, Sonari Town, Ward No. 1, Dist. Charaideo, Assam); permission to withdraw second appeal granted owing to amicable settlement/compromise outside Court per agreement dated 09.10.2025; appeal disposed of on withdrawal; I.A. disposed of; bench: Hon'ble Mr. Justice Robin Phukan; counsel: Mr. S. Sutradhar with Mr. R. P. Kakoti, Sr. Adv., for petitioner/applicant-appellant; no respondent counsel listed; no statutes or precedents cited; no monetary quantum involved.

What did the court decide?

Permission accorded to the applicant/appellant to withdraw RSA No.147/2024; the appeal stands disposed of on withdrawal and the I.A. stands disposed of.

Why is it important?

Taking note of the submission of Mr. Sutradhar, learned counsel for the applicant/appellant, that the matter stood settled between the parties, RSA No.147/2024 stands disposed of on withdrawal. ¶41

What the court decided

AI extract

Outcome

Permission accorded to the applicant/appellant to withdraw RSA No.147/2024; the appeal stands disposed of on withdrawal and the I.A. stands disposed of.

Issue for consideration

Whether the applicant/appellant may be permitted to withdraw RSA No.147/2024 on the ground that the matter has been amicably settled and compromised between the parties outside the Court.

Court's answer

Taking note of the submission of Mr. Sutradhar, learned counsel for the applicant/appellant, that the matter stood settled between the parties, RSA No.147/2024 stands disposed of on withdrawal.

Ratio / Principle

In view of the disposal of the appeal on withdrawal, the interlocutory application I.A.(Civil)/569/2026 stands disposed of.

Detailed headnote1 paragraphs

Order of the Gauhati High Court (Hon'ble Mr. Justice Robin Phukan) dated 11.03.2026 in I.A.(Civil)/569/2026, arising out of linked RSA/147/2024 (Gopal Borkakoty v. Nandan Borkakoty & Ors.). The applicant/appellant applied for permission to withdraw his Regular Second Appeal on the ground that the matter had been amicably settled and compromised between the parties outside the Court, pursuant to an agreement dated 09.10.2025 and in view of its terms and conditions. Taking note of the submission of Mr. S. Sutradhar, learned counsel for the applicant/appellant (Mr. R. P. Kakoti, Sr. Adv., also listed for the petitioner), the Court permitted the withdrawal: RSA No.147/2024 stands disposed of on withdrawal, and the I.A. stands disposed of. No costs were awarded and no further direction recorded; no counsel was shown for the respondents in the order.

A

Page No.# 1/4

GAHC010036802026

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

Case No. : I.A.(Civil)/569/2026

SRI GOPAL BORKAKOTY

SO LATE GUNIN BORKAKOTY, RO SONARI TOWN, WARD NO 1, PO AND PS SONARI, DIST CHARAIDEO, ASSAM, PIN 785690

VERSUS

SRI NANDAN BORKAKOTY

SO LATE GUNIN BORKAKOTY, RO SONARI TOWN, WARD NO 1, PO AND PS SONARI, DIST CHARAIDEO, ASSAM, PIN 785690

2:SRI KRIPAL BORKAKOTY SO LATE GUNIN BORKAKOTY RO SONARI TOWN WARD NO 1 PO AND PS SONARI DIST CHARAIDEO ASSAM PIN 785690

3:SRI SAGAR BORKAKOTY

SO LATE GUNIN BORKAKOTY RO SONARI TOWN WARD NO 1 PO AND PS SONARI DIST CHARAIDEO ASSAM PIN 785690

4:SRI KARUNA BORKAKOTY SO LATE GUNIN BORKAKOTY RO SONARI TOWN WARD NO 1

Page No.# 2/4

PO AND PS SONARI DIST CHARAIDEO ASSAM PIN 785690

5:SRI HARI BORKAKOTY SO LATE GUNIN BORKAKOTY RO SONARI TOWN WARD NO 1 PO AND PS SONARI DIST CHARAIDEO ASSAM PIN 78569

Advocate for the Petitioner : MR. S SUTRADHAR, MR. R P KAKOTI SR. ADV.

Advocate for the Respondent : ,

Linked Case : RSA/147/2024

GOPAL BORKAKOTY S/O LATE GUNIN BORKAKOTY

RESIDENT OF SONARI TOWN WARD NO. 1 PO AND PS SONARI DIST CHARAIDEO ASSAM 785690

VERSUS

NANDAN BORKAKOTY AND 4 ORS S/O LATE GUNIN BORKAKOTY

RESIDENT OF SONARI TOWN WARD NO. 1 PO AND PS SONARI DIST CHARAIDEO ASSAM 785690

2:KRIPAL BORKAKOTY S/O LATE GUNIN BORKAKOTY

Page No.# 3/4

RESIDENT OF SONARI TOWN WARD NO. 1 PO AND PS SONARI DIST CHARAIDEO ASSAM 785690

3:SRI SAGAR BORKAKOTY S/O LATE GUNIN BORKAKOTY

RESIDENT OF SONARI TOWN WARD NO. 1 PO AND PS SONARI DIST CHARAIDEO ASSAM 785690

4:SRI KARUNA BORKAKOTY S/O LATE GUNIN BORKAKOTY

RESIDENT OF SONARI TOWN WARD NO. 1 PO AND PS SONARI DIST CHARAIDEO ASSAM 785690

5:SRI HARI BORKAKOTY S/O LATE GUNIN BORKAKOTY

RESIDENT OF SONARI TOWN WARD NO. 1 PO AND PS SONARI DIST CHARAIDEO ASSAM 785690 -----------Advocate for : MR. S SUTRADHAR Advocate for : appearing for NANDAN BORKAKOTY AND 4 ORS

BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN

ORDER

11.03.2026

Heard Mr. S. Sutradhar, learned counsel for the applicant/appellant.

Page No.# 4/4

This application is filed by the applicant/appellant for according permission to withdraw RSA No.147/2024 (Gopal Borkakoty v. Nandan Borkakoty & Ors.), on the ground that the matter has been amicably settled and compromised between the parties outside the Court.

Mr. Sutradhar, learned counsel for the applicant/appellant submits that since the matter has been settled between the parties as per the agreement dated 09.10.2025 and also in view of the terms and conditions set out in the said agreement, the applicant/appellant may be permitted to withdraw this appeal.

Accordingly, taking note of the submission of Mr. Sutradhar, learned counsel for the applicant/appellant, RSA No.147/2024 stands disposed of on withdrawal.

In view of above, the I.A. stands disposed of.

Sd/- Robin Phukan JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant/appellant may be permitted to withdraw RSA No.147/2024 on the ground that the matter has been amicably settled and compromised between the parties outside the Court.¶39
The court held
Taking note of the submission of Mr. Sutradhar, learned counsel for the applicant/appellant, that the matter stood settled between the parties, RSA No.147/2024 stands disposed of on withdrawal.ratio¶41

Procedural history

How this case reached the court

AI extract

Prior proceeding
Linked Regular Second Appeal RSA/147/2024 (Gopal Borkakoty v. Nandan Borkakoty and 4 others) pending before this Court.¶19
Prior proceeding
Applicant/appellant filed I.A.(Civil)/569/2026 seeking permission to withdraw RSA No.147/2024 on the ground of amicable settlement/compromise between the parties outside the Court.¶39
Prior proceeding
Learned counsel submitted that the parties had settled as per an agreement dated 09.10.2025 and its terms and conditions, warranting withdrawal of the appeal.¶40

Parties & counsel

AI extract

petitioner
SRI GOPAL BORKAKOTY¶5
MR. S SUTRADHAR, MR. R P KAKOTI (Sr.)
respondent
SRI NANDAN BORKAKOTY¶8
respondent
SRI KRIPAL BORKAKOTY¶10
respondent
SRI SAGAR BORKAKOTY¶11
respondent
SRI KARUNA BORKAKOTY¶13
respondent
SRI HARI BORKAKOTY¶16

Coram

AI extract

ROBIN PHUKANauthor¶34

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 10 Mar 2026 · March
Registered: 21 Feb 2026
Case no.: I.A.(Civil)/569/2026
CNR: GAHC010036802026
Bench: Robin Phukan
Disposal: Disposed Of
Case type: I.A.(Civil)

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Cite this judgement

Sri Gopal Borkakoty v. Sri Nandan Borkakoty, I.A.(Civil)/569/2026 (GAU), decided on 10 March 2026.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Linked Regular Second Appeal RSA/147/2024 (Gopal Borkakoty v. Nandan Borkakoty and 4 others) pending before this Court.
Applicant/appellant filed I.A.(Civil)/569/2026 seeking permission to withdraw RSA No.147/2024 on the ground of amicable settlement/compromise between the parties outside the Court.

View full history

Bench / Coram

ROBIN PHUKAN

Parties & counsel