Md. Abdul Suban vs Md. Abdul Kashem And 5 Ors
2022 Latest Caselaw 1313 Gua

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GAHC010022952021




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

                           Case No. : RSA/20/2021

         MD. ABDUL SUBAN
         S/O- LATE SARUTULLA, VILL.- BHUYANBARI PAM, MOUZA-
         BHURAGAON, P.S. LAHARIGHAT, DIST.- MORIGAON, ASSAM.


         VERSUS

         MD. ABDUL KASHEM AND 5 ORS.
         S/O- LATE ABDUL GONI, VILL.- BHUYANBARI PAM, MOUZA-
         BHURAGAON, P.S. LAHARIGHAT, DIST.- MORIGAON, ASSAM.

         2:MD. ABDUL JABBAR
          S/O- LATE HAJI MIRJAN
          R/O- VILL.- BHUYANBARI PAM
          MOUZA- BHURAGAON
          P.S. LAHARIGHAT
          DIST.- MORIGAON
         ASSAM.

         3:MD. ABDUL SUBHAN
          S/O- LATE HAJI MIRJAN
          R/O- VILL.- BHUYANBARI PAM
          MOUZA- BHURAGAON
          P.S. LAHARIGHAT
          DIST.- MORIGAON
         ASSAM.

         4:MD. ABDUL REJJAK
          S/O- LATE HAJI MIRJAN
          R/O- VILL.- BHUYANBARI PAM
          MOUZA- BHURAGAON
          P.S. LAHARIGHAT
          DIST.- MORIGAON
         ASSAM.
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            5:ABDUL MALEK
             S/O- LATE PHUL MAHMUD
             R/O- VILL.- BHUYANBARI PAM
             MOUZA- BHURAGAON
             P.S. LAHARIGHAT
             DIST.- MORIGAON
            ASSAM.

            6:MAKBUL HUSSAIN
             S/O- RAHIM SEIKH
             R/O- VILL.- BHUYANBARI PAM
             MOUZA- BHURAGAON
             P.S. LAHARIGHAT
             DIST.- MORIGAON
            ASSAM

Advocate for the Petitioner   : MR. J AHMED

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                         ORDER

Date : 20-04-2022

The appellant is represented by Mr. J Ahmed, learned counsel.

Notice upon the respondents issued under registered post has not been received back after service or otherwise. So far the notices issued under usual processes, except respondent Nos. 1 and 4 notices have been received by the respondents themselves. So far the respondent No. 1 is concerned notice is received by his son living in the same residence. Similarly notice in respect of respondent No. 4 has also been received by his brother residing in the same residence. That being so, notices issued upon the respondents issued under usual processes are treated to have been served. However, none appears for the respondents today.

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

1. Whether the judgment and decree passed by the appellate court below suffers from perversity on account of misinterpreting the evidence on records as well as misinterpretation of both the law and facts?

2. Whether the both the court below is correct in deciding the suit/appeal without appointing commission to measure the suit land to arrive at a just and reasoned decision to identify the suit land?

3. Whether the appellate court below passed the impugned judgment and decree dated 18.11.2020 in accordance with Order 41 Rule 31 of the CPC.

Call for the LCR.

List the matter after receipt of the LCR on 18th May, 2022.

JUDGE

Comparing Assistant