LAWS(GAU)-2025-4-23

RAMESH KUMAR AGARWAL Vs. RAJENDRA PRASAD CHOUDHURY

Decided On April 28, 2025
RAMESH KUMAR AGARWAL Appellant
V/S
Rajendra Prasad Choudhury Respondents

JUDGEMENT

(1.) Heard Mr. B. Sharma, the learned counsel appearing on behalf of the petitioner and Mr. L. K. Borah, the learned counsel appearing on behalf of the respondents.

(2.) The petitioner herein who was the defendant No.5 in Title Suit No.356/2016 has approached this Court by invoking the supervisory jurisdiction of this Court to challenge the order dtd. 9/5/2024 passed in Petition No.5289/2023 whereby the application filed by the respondent herein who was the plaintiff in the suit under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, 'the Code') was allowed.

(3.) Taking into account that delay in disposal of the instant application would impact on the disposal of Title Suit No.356/2016, this Court has taken up the instant proceedings for disposal at the motion stage, more so when the respondent who is on caveat is duly represented.