Feddus Ali vs Abul Kasem And 13 Ors
2022 Latest Caselaw 2824 Gua

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GAHC010282542019




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

                           Case No. : RSA/267/2019

         FEDDUS ALI
         S/O- LATE DHAN MAHMUD, R/O- VILL.- BAGURIGURI PATHAR, MOUZA-
         KHARIZA BIJNI, P.S. SORBHUG, DIST.- BARPETA, ASSAM.



         VERSUS

         ABUL KASEM AND 13 ORS.
         S/O- LATE FAKIR MAHMUD

         2:BAHARUL ISLAM
          S/O- LATE FAKIR MAHMUD

         3:JAMAL UDDIN
          S/O- LATE A KADDUS

         4:MAHABUR ALI
          S/O- LATE A KADDUS

         5:ABBASH ALI
          S/O- LATE A KADDUS

         6:MOHAR ALI
          S/O- LATE SHER MAHMUD

         7:AFSAR ALI
          S/O- LATE SHER MAHMUD

         8:ANSER ALI
          S/O- LATE SHER MAHMUD

         9:AMZAD ALI
          S/O- LATE SHER MAHMUD
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            10:SAGAR ALI MONDAL
             S/O- LATE AKBBAR ALI MONDOL.

            11:LEGAL HEIRS OF SHAJAMAL MONDOL
             MUNNAF ALI
             S/O- LATE SHAJAMAL MONDOL

            12:SAIFUL ISLAM MONDOL
             S/O- LATE SHAJAMAL MONDOL

            13:RASHIDUL MONDOL
             S/O- LATE SHAJAMAL MONDOL
            ALL ARE RESIDENTS OF VILL.- BAGURIGURI PATHAR
             MOUZA- KHARIZA BIJNI
             P.S. SORBHONG
             DIST.- BARPETA
            ASSAM.

            14:BAGURIGURI PATHAR DARUL ULAMA ISLAMIA MADRASSA
            VILL.- BAGURIGURI PATHAR
             MOUZA- KHARIJA BIJNI
             P.S. SORBHOG
             DIST.- BARPETA
            ASSAM

Advocate for the Petitioner   : MR. J AHMED

Advocate for the Respondent : MR B DEORI

BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

08.08.2022

Heard Mr. J. Ahmed, the learned counsel for the appellant and Mr. A.C. Sarma, the learned senior counsel assisted by Mr. G. Bharadwaj, the learned counsel for the respondent Nos.1 to 9, 11, 12 & 13.

Mr. J. Ahmed, the learned counsel for the appellant submits that the Page No.# 3/4

respondent No.10 had already expired prior to filing of the suit and this Court vide the order dated 24.06.2022 in I.A.(C) No.2213/2021 had already observed the same. The learned counsel for the appellant further submits that the name of the respondent No. 10 be struck off. At his request, the name of the respondent No.10 is struck off. Further to that, at the request of the Mr. J. Ahmed, the learned counsel for the appellant, the name of proforma defendant No.14 is also struck off as no relief has been sought against the proforma respondent No.14 and the said proforma respondent No.14 though a proforma defendant in the suit before the trial court but not participate in the suit proceedings.

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

1. Whether the Court below was justified in dismissing the suit of the plaintiff on the basis that the plaintiff's right over the suit land stood extinguished and time barred without there being any materials on record to show that the defendants claimed adverse possession against the plaintiff?

2. Whether the right, title and interest of the plaintiff in the instant case can stand extinguished for not challenging the registered deed No.576 executed in the year 1981 and allowing the defendants to remain in possession of the suit land?

3. Whether the judgment and decree passed by the trial court suffers from perversity?

Issue notice, returnable by 4 (four) weeks.

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As the respondent Nos. 1 to 9, 11, 12 & 13 are duly represented, extra copies of the Memo of Appeal be served upon the learned counsel for the said respondents.

Call for the LCR.

List accordingly.

JUDGE

Comparing Assistant