GAHC010128562023

THE GAUHATI HIGH COURT

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

Case No. : CRP/66/2023

PRADIP BAISHYA

S/O LT. UDHAB CHANDRA BAISHYA R/O M.M. ROAD FANCY BAZAR P.S.

PAN BAZAR, GUWAHATI 1 KAMRUP METRO ASSAM

VERSUS

BINOD KUMAR JAIN AND 3 ORS.

S/O PANNA LAL JAIN R/O DANISH ROAD PANBAZAR P.S PANBAZAR

GUWAHATI 1 DIST KAMRUP M ASSAM

2:ON THE DEATH OF SATISH KALITA HIS LEGAL HEIRS DHANESWAR

KALITA

R/O DEWAN PATTAY FANCY BAZAR P.S PANBAZAR GUWAHATI 781001

KAMRUP METRO ASSAM

3:TANKESWAR KALITA

R/O DEWAN PATTAY FANCY BAZAR P.S PANBAZAR GUWAHATI 781001

KAMRUP METRO ASSAM

4:NASSIR HUSSAIN

S/O NURBUX BHATI R/O DEWAN PATTAY FANCY BAZAR P.S PANBAZAR

5:IBRAHIM BHATI

S/O MOHAMMED BUX BHATI R/O DEWAN PATTAY FANCY BAZAR P.S

Advocate for the Petitioner : MR. R ALI, MR M KALITA,MR M BORO

Advocate for the Respondent : MR. N DAS (r-1), MR. O P BHATI,MR. N J DAS,MS. C AGARWAL

BEFORE DEPUTY REGISTRAR (BENCH) - MR. SAPTARSHI DAS

ORDER

Date : 08.12.2025 Case taken up before the Lawazima Court.

Learned counsel Mr. M. Boro appears on behalf of the petitioner. Heard.

Learned counsel Ms. C. Agarwal appears on behalf of the respondent Nos. 1. Heard.

Perused the records.

Perusal of the instant case record reveals that the earlier Lawazima Court vide its order dated 20.11.2025 had directed to wait for the service status of the notice dated 15.10.2025 issued to the respondent Nos. 3 & 4.

Now, in respect of the above mentioned notice issued to the respondent Nos. 3 & 4, it has been observed that the respective notices have been received un-served with the following postal remarks:– “Left, RTS”.

The previous Lawazima Court vide its order dated 20.11.2025 had also directed the petitioner to obtain relevant instructions regarding the addresses of respondent Nos. 3 & 4.

However, the learned counsel for the petitioner, Mr. M. Boro has appeared before the Lawazima Court today and submitted that they have freshly taken steps for service of notice upon the aforesaid respondent Nos. 3 & 4 by way of speed post mode and filed the steps today itself.

Further, it may be pertinent to mention that the learned counsel for the respondent No.

1, Ms. C. Agarwal has appeared before this Court today and made the following submissions:–

It is submitted on behalf of the respondent No. 1:–

1. That the respondent No. 1 is the main party to the petition inasmuch as he is the landlord.

2. That the rest of the respondents are the proforma respondents inasmuch as they are the sub-tenants.

3. That the proforma respondents were ex-parte is the Trial Court as well as in the Appellate Court.

4. That the matter is long pending for service upon the proforma respondents.

5. That is submitted that in order to expedite the matter, the case may be sent to Hon’ble Court, so that proper prayer for Paper publication can be made.

Although the learned counsel appearing for respondent No. 1 had prayed for placing the matter before the Hon’ble Court, fresh steps for service of notice upon the respondent Nos. 3 & 4 has been taken today by the petitioner, as per the averments made above by the learned counsel for the petitioner.

Therefore, this Lawazima Court is of the view that the registry shall await for the outcome of the notice to be issued against the steps taken today by the petitioner.

Let the matter be listed again before the Lawazima Court on 20.01.2026.

Deputy Registrar (Bench)

Comparing Assistant