CRP 112/2016. Gauhati High Court

Case Number:CRP 112/2016
Judgement Date:May 15, 2019
Court:Gauhati High Court
SUMMARY

Civil Revision under Article 227 of the Constitution

 
FREE EXCERPT

IN THE GAUHATI HIGH COURT

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

PRINCIPAL SEAT

CRP No. 112/ 2016

Sri Basanta Kataki,

Son of late Amulya Nath Kataki, Resident of Lutuma Battalion Gate, Namghar Path, P.O. Binovanagar,

P.S. Dispur, District- Kamrup (M), Assam

………. Petitioner/ Opposite Party/ Defendant -Versus-1. Sri Uttam Das,

  1. Sri Subhendu Das,

Both are sons of Sri Ganesh Das residents of Kahilipara Coloney, P.S. Dispur, District Kamrup (M), Assam, PIN 781006.

…………….Respondents/ Complainants/plaintiffs

Advocate for the petitioner: Mr. Y Sikdar

Mr. G. Uddin,

,

Advocates.

Advocate for the respondents : Mr. R. Sarma,

Mr. K.D. Shah,

Ms. B. Devi,

Ms. A Sarma

- B E F O R E –

HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

Date of hearing : 15.05.2017

Date of judgment & order : 15.05.2017

JUDGMENT & ORDER ( ORAL)

Heard Mr. Y Sikdar, learned counsel, appearing for the petitioner and Mr. R. Sarma, leaned counsel, appearing for the respondents.

2] This revision petition is filed under Article 227 of the Constitution of I ndia challenging the order dated 18.12.2016, passed by the learned Additional District and Sessions Judge, No. 1 Kamrup, Guwahati in SPL LG Case No. 14/ 2014 thereby allowing the petition No. 670 dated 19.11.2015 filed by the respondents/ plaintiffs to adduce their evidence deferring the cross examination of the defence witnesses.

3] The respondents/ (plaintiffs) preferred a complaint petition before the learned District and Sessions Judge (M), Kamrup, Guwahati under Section 8 of the Assam Land Grabbing (Prohibition) Act, 2010 thereby alleging in the complaint petition that the present petitioner (defendant) had occupied a

plot of land purportedly alleged to be the land of the respondents. On the basis of the said complaint, the Sessions SPL LG Case No. 14/ 2014 was registered and the same was transferred to the court of the learned Additional District & Sessions Judge, No. 1, Kamrup (M), Guwahati for disposal. The petitioner as the defendant filed his written statement whereafter vide order dated 5.5.2015, the matter was fixed on

19.5.2015 for filing evidence on affidavit by the respondents as the plaintiffs. As admitted by the learned counsels, appearing on behalf of the parties to this petition out of the orders passed by the learned court below, on four dates, starting from

19.5.2015 orders were missing from the case record. However, from the order dated 27.7.2015, it is apparent that on that day both the...

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