Gauhati High Court

I.A.(Civil)/2825/2026 of SBI GENERAL INSURANCE COMPANY LTD Vs SRI DHIRAJ DAS AND 2 ORS. on 8 September 2026

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GAHC010173142026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2825/2026 SBI GENERAL INSURANCE COMPANY LTD JUNCTION OF WESTERN EXPRESS HIGHWAY ANDHERI KURLA ROAD ANDHERI EAST MUMBAI-400069 REGIONAL OFFICE AT 4TH FLOOR B BLOCK APEEJAY

GAHC010132072026

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THE GAUHATI HIGH COURT

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

Case No. : : I.A.(Civil)/2848/2026

SMT BHANU PRABHA DAS

W/O LATE PARESH CH. DAS

R/O BATA BUILDING

MALIGAON CHARIALI

GUWAHATI

P.S.- JALUKBARI

DIST.- KAMRUP M

ASSAM

PIN- 781012

VERSUS

ANIL CHOUDHURY

S/O LATE BABUL CHOUDHURY

R/O TETELIA

NEAR GANESH MANDIR

P.S.- JALUKBARI

DIST.- KAMRUP M

ASSAM

PIN- 781011

------------

Advocate for : MR. K KALITA

Advocate for : MR. A GANGULY appearing for ANIL CHOUDHURY

Main Case : FAO/42/2026

ANIL CHOUDHURY

S/O LATE BABUL CHOUDHURY, R/O TETELIA, NEAR GANESH MANDIR, P.S.- JALUKBARI, DIST.- KAMRUP (M), ASSAM, PIN- 781011.

VERSUS

SMT. BHANU PRABHA DAS

W/O LATE PARESH CH. DAS, R/O BATA BUILDING, MALIGAON CHARIALI, GUWAHATI, P.S.- JALUKBARI, DIST.- KAMRUP (M), ASSAM, PIN- 781012

Advocate for the Petitioner : MR. J K DAS, MR. DHANANJAY

TALUKDAR,MR. TAPOBRAT CHHETRI,MR. A GANGULY

Advocate for the Respondent : MR. K KALITA, MR BASAB DEY,MR P C DEY

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

07.09.2026

1. Heard Mr. A. Ganguli, the learned counsel for the appellant/applicant. Also heard Mr. P. C. Dey, the learned counsel for the sole respondent, who submits that in this appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908, the appellant has impugned an order passed on 31.03.2026 by the Court of learned Civil Judge (Junior Division) No. 2, Kamrup (M), in Misc. (J) Case No. 160/2026, in connection with Title Suit No. 32/2026, whereby the Trial Court refused to grant ad interim temporary injunction to the petitioner.

2. The learned counsel for the respondent has submitted that since the impugned order was passed by the court of learned Civil Judge (Junior Division), an appeal under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 lies before the Court of learned Civil Judge

(Senior Division), Kamrup (M), and this Court does not have jurisdiction to entertain the instant appeal.

3. On this, the learned counsel for the appellant prays for allowing the appellant to withdraw the instant appeal with liberty to file the same before the appropriate court.

4. He also submits that since there is a question of limitation in filing the aforesaid appeal, hence, the time spent by the appellant during pendency of the instant appeal in this Court may be excluded from the period of limitation for filing the appeal before the appropriate forum.

5. The prayer is allowed.

6. This appeal is dismissed on withdrawal, with the liberty sought for granted to the appellant.

7. The appellant would also get the benefit of Section 14 of the Limitation Act for exclusion time, during which the present appeal was pending before this Court while computing the period of limitation for filing the appeal before the appropriate forum.

8. Consequently, the interim order granted in this appeal on earlier occasion stands vacated.

JUDGE

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