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Gauhati High Court

Page No.# 1/2 vs Ananta Chandra Kalita on 10 November, 2021

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                      Page No.# 1/2

GAHC010040992020




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

                             Case No. : CRP/27/2020

         RAJU KALITA AND 3 ORS.
         D/O- LT. JOKHA KALITA, R/O- VILL. CHAKAMTALI, NIZ HAJO, P.O. AND P.S.
         HAJO, DIST.- KAMRUP, ASSAM, PIN- 781102.

         2: GAUTAM KALITA
          S/O- DANDIRAM KALITA
          R/O- VILL. CHAKAMTALI
          NIZ HAJO
          P.O. AND P.S. HAJO
          DIST.- KAMRUP
         ASSAM
          PIN- 781102.

         3: ANIL KALITA
          S/O SRI PRAFULLA KALITA
          R/O- VILL. CHAKAMTALI
          NIZ HAJO
          P.O. AND P.S. HAJO
          DIST.- KAMRUP
         ASSAM
          PIN- 781102.

         4: KUSHAL KALITA
          S/O- BHABA KALITA
          R/O- VILL. CHAKAMTALI
          NIZ HAJO
          P.O. AND P.S. HAJO
          DIST.- KAMRUP
         ASSAM
          PIN- 781102

         VERSUS

         ANANTA CHANDRA KALITA
                                                                                     Page No.# 2/2

            S/O- LT. ABHAY KALITA, R/O- VILL. CHAKAMTALI, NIZ HAJO, P.O. AND P.S.
            HAJO, DIST.- KAMRUP, ASSAM, PIN- 781102.

Advocate for the Petitioner   : MR. D C C PHUKAN

Advocate for the Respondent : MR. P S DEKA


                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                            ORDER

Date : 10/11/2021 Heard Mr. D.C.C. Phukan, the learned counsel for the petitioners as well as Mr. P.S. Deka, the learned counsel appearing for the private respondent.

Mr. D.C.C. Phukan, the learned counsel for the petitioners has been heard through virtual mode today also and the network is not proper. In fact, on the last occasion also, i.e. 03/11/2021, Mr. Phukan had submitted that he would be able to appear before the Court physically. However, today also he has not come before the Court stating that he is not well and seeks one week further time.

Accordingly, the matter be listed on 17/11/2021 for admission. The interim order passed earlier shall continue till then. The further extension of the interim order will be considered only after hearing Mr. Phukan physically.

I have also heard Mr. P.S. Deka, the learned counsel, who appears on behalf of the private respondent and submits that the execution of the decree has been stayed by way of the instant proceeding and it is effecting the rights of the Respondent who in spite of the decree passed in his favour is not able to enjoy the fruits of the decree.

It is made clear that no further adjournment shall be granted on the next date fixed.

JUDGE Comparing Assistant