Page No.# 1/3 vs Smti. Junuma Saikia And 3 Ors
2021 Latest Caselaw 2846 Gua

                                                               Page No.# 1/3

GAHC010230192019




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

                          Case No. : RSA/239/2019

         SRI CHANAKYA BARMAN AND ANR
         S/O LATE JAMIRAN BARMAN OF VILL. HATIGAON, NAMGHAR PATH, P.O.
         HATIGAON, PIN NO. 781006, MOUZA BELTOLA, P.S. HATIGAON, DIST.
         KAMRUP (METRO), ASSAM

         2: SMTI. PHUL BARMAN BORA
         W/O SRI CHANAKYA BARMAN
          RESIDENT OF VILLAGE HATIGAON
          NAMGHAR PATH
          P.O. HATIGAON
          PIN NO. 781006
          MOUZA BELTOLA
          P.S. HATIGAON
          DIST. KAMRUP (M

         VERSUS

         SMTI. JUNUMA SAIKIA AND 3 ORS
         W/O LT. KHANINDRA NARAYAN CHOUDHURY OF REGIONAL NURSING
         COLLEGE CAMPUS, INDRAPUR, P.O. INDRAPUUR, GUWAHATI-32, MOUZA
         BELTOLA, P.S. DISPUR, DISTRICT KAMRUP (M), ASSAM

         2:DEBASHISH CHOUDHURY
          S/O LT. PHANINDRA NARAYAN CHOUDHURY
          RESIDENT OF REGIONAL NURSING COLLEGE CAMPUS
          INDRAPUR
          P.O. INDRAPUR
          GUWAHATI-32
          MOUZA BELTOLA
          P.S. DISPUR
          DISTRICT KAMRUP (M)
         ASSAM

         3:SMTI. SUBHASHRI CHOUDHURY
                                                                                  Page No.# 2/3

             D/O LT. PHANINDRA NARAYAN CHOUDHURY
             RESIDENT OF REGIONAL NURSING COLLEGE CAMPUS
             INDRAPUR
             P.O. INDRAPUR
             GUWAHATI-32
             MOUZA BELTOLA
             P.S. DISPUR
             DISTRICT KAMRUP (M)
             ASSAM.

            4:SRI ANIRBAN CHOUDHURY
             S/O LT. PHANINDRA NARAYAN CHOUDHURY
             RESIDENT OF REGIONAL NURSING COLLEGE CAMPUS
             INDRAPUR
             P.O. INDRAPUR
             GUWAHATI-32
             MOUZA BELTOLA
             P.S. DISPUR
             DISTRICT KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR B K SARMA

Advocate for the Respondent : MR. H K DEKA




                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                            ORDER

Date : 12/11/2021

Heard Mr. B.K. Sarna, the learned counsel appearing for the appellants as well as Mr. B.D. Deka, the learned counsel appearing for the respondents.

Issue notice.

The instant appeal is admitted on the following substantial questions of law :-

"Whether the impugned judgment and decree dated 10/06/2019 passed by the Appellate Court suffers from perversity on the ground that the learned First Appellate Court proceeded to dispose off the appeal on the basis that it was an admitted fact that the plaintiff was the owner of the suit land ?"

Page No.# 3/3

Call for the LCR.

The parties are represented by their counsels.

Taking into consideration that the suit is of the year 2004, the counsels have submitted that it would be in the interest of justice if the appeal be heard expeditiously.

In that view of the matter, the Registry is directed to take urgent steps for requisition of the records.

Let the matter be listed on 15/02/2022.

The appellants are given liberty to urge further substantial questions of law at the time of hearing.

JUDGE

Comparing Assistant