Dismissed¶30

Bina Rani Ghosh and Anr. v. Mahibul Alam and 2 Ors.

Gauhati HC12 Jul 2026FAO/33/2022

Case brief

AI extract

What is this about?

FAO/33/2022 Gauhati High Court order dated 13.07.2026 Justice Mridul Kumar Kalita; appeal dismissed for default for non-appearance of appellant Bina Rani Ghosh and Susmita Ghosh against Mahibul Alam, Mridul Kr. Ghosh and Sujit Ch. Ghosh; connected I.A.(Civil)/1563/2022 dismissed for default; interim order vacated; Mangaldai, Dist Darrang, Assam.

What did the court decide?

Since nobody appeared for the appellant when the matter was called on for hearing, though the names of two counsels were reflected in the cause list as the engaged counsel for the appellant, the appeal is dismissed for default. ¶30

Bina Rani Ghosh and Anr. Vs Mahibul Alam and 2 Ors. — Gauhati HC (2026) — LawSathi Research

Page No.# 1/4

GAHC010052672022

undefined

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

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Case No. : FAO/33/2022

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BINA RANI GHOSH AND ANR.

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W/O LATE SUBHASH CH. GHOSH, RESIDENT OF VILLAGE SANTIPARA, WARD NO. 1 ,MANGALDAI TOWN, PO AND PS MANGALDAI, DIST DARRANG, ASSAM

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2: SMTI SUSMITA GHOSH

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D/O LATE SUBHASH CH. GHOSH

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RESIDENT OF VILLAGE SANTIPARA WARD NO. 1 MANGALDAI TOWN PO AND PS MANGALDAI DIST DARRANG ASSA

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VERSUS

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MAHIBUL ALAM AND 2 ORS. S/O RUSTOM ALI

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RESIDENT OF VILLAGE MANGALDAI GAON, PO AND PS MANGALDAI, DIST DARRANG, ASSAM

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2:MRIDUL KR. GHOSH S/O LATE SUBHASH CH. GHOSH

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RESIDENT OF VILLAGE SANTIPARA WARD NO. 1 MANGALDAI TOWN PO AND PS MANGALDAI DIST DARRANG ASSAM

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3:SRI SUJIT CH. GHOSH S/O LATE SUBHASH CH. GHOSH RESIDENT OF VILLAGE SANTIPARA WARD NO. 1 MANGALDAI TOWN

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Page No.# 2/4

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PO AND PS MANGALDAI DIST DARRANG ASSA

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Advocate for the Petitioner : MR C GOSWAMI, MR. N CHAKRABARTY

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Advocate for the Respondent : MR. A SATTAR (R-1), N. CHOUDHURY(R1),R RAHMAN(R1),A. K. KANU(R1),MR M AHMED(R1),MS. N BAROOAH (r-2,3),MS S DAS (r-2,3),MR. R GOSWAMI (r-2,3),O J A BEGUM (R-1),S CHOUDHURY (R-1),G IMTIAZ (R-1)

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Linked Case : I.A.(Civil)/1563/2022

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BINA RANI GHOSH AND ANR. W/O LATE SUBHASH CH. GHOSH RESIDENT OF VILLAGE SANTIPARA WARD NO. 1 MANGALDAI TOWN PO AND PS MANGALDAI DIST DARRANG ASSAM 2: SMTI SUSMITA GHOSH D/O LATE SUBHASH CH. GHOSH RESIDENT OF VILLAGE SANTIPARA WARD NO. 1 MANGALDAI TOWN PO AND PS MANGALDAI DIST DARRANG ASSAM VERSUS MAHIBUL ALAM AND 2 ORS. S/O RUSTOM ALI RESIDENT OF VILLAGE MANGALDAI GAON PO AND PS MANGALDAI DIST DARRANG ASSAM 2:MRIDUL KR. GHOSH S/O LATE SUBHASH CH. GHOSH RESIDENT OF VILLAGE SANTIPARA WARD NO. 1 MANGALDAI TOWN PO AND PS MANGALDAI DIST DARRANG

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Page No.# 3/4

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ASSAM 3:SRI SUJIT CH. GHOSH S/O LATE SUBHASH CH. GHOSH RESIDENT OF VILLAGE SANTIPARA WARD NO. 1 MANGALDAI TOWN PO AND PS MANGALDAI DIST DARRANG ASSAM -----------Advocate for : MR C GOSWAMI Advocate for : appearing for MAHIBUL ALAM AND 2 ORS.

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date - 13.07.2026

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1. None has appeared for the appellant on call. Mr. M. Ahmed, the learned counsel for the sole respondent is present.

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2. The learned counsel for the respondent submits that on the last occasion also when the matter was called on for hearing, the appellant was found absent.

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3. Since nobody has appeared for the appellant, when the matter was called on for hearing, though the names of two counsels are reflected in the cause list as the engaged counsel for the appellant, hence, this appeal is dismissed for default.

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4. The connected Interlocutory Application is also dismissed for default.

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Page No.# 4/4

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5. The interim order granted in the connected Interlocutory Application stands vacated.

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JUDGE

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Comparing Assistant

Bina Rani Ghosh and Anr. v. Mahibul Alam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Bina Rani Ghosh and Anr. v. Mahibul Alam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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