Judgment · High Court

The petitioners by these writ petitions have challenged the order passed by the learned Chairman, Assam Board of Revenue on 22nd October, 2009 passed in Case No .2RA(K)/2008, whereby and whereunder the appeal preferred by Kenneth Methew Lyng doh has been allowed by setting aside the order of mutation dated 29th October, 1993 and of subsequent mutation granted in favour of the petitioners in place of Sri Anil Goswami, the petitioner in WP(C) No.1136/2010. Admittedly, Kenneth Methew Lyngdoh, the respondent No.4 in WP(C) No.1136/2010, i nstituted Title Suit No.141/1996 praying for declaration of right, title and int erest over the land, in respect of which the learned Chairman, Assam Board of Re venue passed the impugned order, as well as for cancellation of the sale deed ex ecuted by Sri Anil Goswami in favour of the petitioners in WP(C) Nos.5337/2009 a nd WP(C) No.4859/2010. The said suit was dismissed for default for which an app lication for restoration of the suit to file was filed, which gives rise to an a ppeal being Misc. Appeal No.24/2008, which is presently pending in the Court of the learned District Judge, Kamrup at Guwahati. Since the suit has been institu ted, the decision in the suit would govern the right to get the mutation over th e disputed property. That being the position, the writ petitions are disposed of with the observation that the decision in the suit would govern the right of the parties to get the mutation in respect of the suit land. Writ petitions are accordingly disposed of. No costs.