Gauhati High Court

FAO/37/2026 of BAKUL DAS AND 2 ORS. Vs SADHAN DAS AND 5 ORS. on 16 June 2026

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GAHC010120852026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/37/2026 BAKUL DAS AND 2 ORS. SON OF LATE HARMOHAN DAS, RESIDENT OF NALAPARA, SAWKUCHI, SAUKUCHI, KAMRUP (M), ASSAM 2: ABHIJIT DAS SON OF LATE HARMOHAN DAS RESIDENT OF NALAPARA

GAHC010120852026

THE GAUHATI HIGH COURT

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

Case No. : FAO/37/2026

BAKUL DAS AND 2 ORS.

SON OF LATE HARMOHAN DAS, RESIDENT OF NALAPARA, SAWKUCHI, SAUKUCHI, KAMRUP (M), ASSAM

2: ABHIJIT DAS

SON OF LATE HARMOHAN DAS

RESIDENT OF NALAPARA

SAWKUCHI

SAUKUCHI

KAMRUP (M)

ASSAM

3: TUTU DAS

SON OF LATE HARMOHAN DAS

RESIDENT OF NALAPARA

SAWKUCHI

SAUKUCHI

KAMRUP (M)

ASSA

VERSUS

SADHAN DAS AND 5 ORS.

SON OF LATE RATHINDRA KUMAR DAS, RESIDENT OF VAISALI HOUSING

SOCIETY OF CO. OPERATIVE, FLAT NO. B-2, SANTIRAM DAS PATH, RIHABARI, GUWAHATI-08, DISTRICT-KAMRUP (M), ASSAM, PIN- 781008.

2:SANJIT RAM PHUKAN

SON OF LATE AMIYA RAM PHUKAN

RESIDENT OF FLAT NO. D-2

MANDOVI APARTMENT

AMBARI

G.N.B. ROAD

KAMRUP (M)

GUWAHATI- 781001.

3:RANJIT RAM PHUKAN @ RANJIT PHUKAN

SON OF LATE AMIYA RAM PHUKAN

RESIDENT OF 4848 LOWREY ROAD

DAKLAND

C-94605

USA. REPRESENTED BY HIS ATTORNEY HOLDER

SRI SANJIT RAM PHUKAN

4:SMTI. NIRUPAMA DAS

WIFE OF BHABEN DAS

RESIDENT OF BETKUCHI

LOKHARA

NEAR LOKHARA CHARIALI

LOKHARA- REHABARI ROAD

P.O.- SAWKUCHI

GUWAHATI-40

DISTRICT- KAMRUP (M)

ASSAM

5:ANUP KUMAR AGARWALA

SON OF SRI MEGHRAJ AGARWALA

R/O UNIQUE HEIGHTS

RUKMINI NAGAR

S.K. BARUAH ROAD

DIST- KAMRUP (M)

GUWAHATI

ASSAM

PIN- 781006

6:MANISH AGARWALA

SON OF SRI MEGHRAJ AGARWALA

R/O UNIQUE HEIGHTS

RUKMINI NAGAR

S.K. BARUAH ROAD

DIST- KAMRUP (M)

GUWAHATI

ASSAM

PIN- 78100

Advocate for the Petitioner : MR. B K SEN, N HASAN,MS. J PAUL,MS B MAHANTA

Advocate for the Respondent : ,

BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

Date : 17.06.2026 Heard Mr. B. K. Sen, learned counsel appearing for the appellants. Upon the issue of maintainability of the present FAO being pointed out by the Court, learned counsel for the appellants seeks leave to withdraw the appeal with liberty to avail such remedy as may be available in law. The prayer is allowed. Accordingly, the appeal stands dismissed as withdrawn, with liberty to the appellants to institute appropriate proceedings, if so advised and permissible in law. JUDGE Comparing Assistant

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