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2022 Latest Caselaw 731 Gua

                                                             Page No.# 1/4

GAHC010064772020




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

                              Case No. : RSA/24/2022


         SMTI NANDITA BARUA AND 4 ORS
         W/O- SRI ANANDA BAHUGUNA,R/O- MALAYA NAGAR, NEW DELHI

         2: NIBEDITA RAJURA
          R/O MALAYA NAGAR
          NEW DELHI

         3: SUBHANA BORTHAKUR
         W/O LT. MAHENDRA BORTHAKUR
          R/O AMOLAPATTY
          MOUZA-TOWN
          P.S. SADAR NAGAON
          DIST. NAGAON
         ASSAM
          PIN-782003
          PH NO. 8724981572

         4: ARCHANA GOSWAMI
         W/O SRI MAHENDRA GOSWAMI
          R/O CHAKIDINGI
          DIST. DIBRUGARH
         ASSAM

         5: ANJANA BORTHAKUR
         W/O ARUP BORTHAKUR
          R/O JATIA
          GUWAHATI
          DIST. KAMRUP
         ASSA


         VERSUS
                                                                  Page No.# 2/4

            SMTI BANDANA BHATTACHARJEE AND 5 ORS
            D/O LT. BINUD BHATTACHARJEE, R/O PRATAP SHARMA ROAD,
            AMOLAPATTY, MOUZA-TOWN, P.S. SADAR, DIST. NAGAON, ASSAM

            2:RANJIT BHATTACHARJEE
             S/O LT. BINUD BHATTACHARJEE
             R/O PRATAP SHARMA ROAD
            AMOLAPATTY
             MOUZA-TOWN
             P.S. SADAR
             DIST. NAGAON
            ASSAM

            3:PRASENJIT BHATTACHARJEE
             S/O LT. BINUD BHATTACHARJEE
             R/O PRATAP SHARMA ROAD
            AMOLAPATTY
             MOUZA-TOWN
             P.S. SADAR
             DIST. NAGAON
            ASSAM

            4:MUKUL CH. BORAH
             S/O LT. J.C. BORH R/O A.R.B. ROAD
             KHUTIKATIA
             MOUZA-KACHAMARI
             PS SADAR
             DIST. NAGAON
            ASSAM

            5:SANTOSH BORKAKATI
             S/O LT. SUKLESWAR BORKAKATI
             R/O AMOLAPATTY MOUZA-TOWN
             P.S. SADAR
             DIST. NAGAON
            ASSAM

            6:SIRUMONI BORKAKATI
            W/O SRI SANTOSH BORKAKATI
             R/O AMOLAPATTY MOUZA-TOWN
             P.S. SADAR
             DIST. NAGAON
            ASSA

Advocate for the Petitioner   : MR. P S DEKA

Advocate for the Respondent : MS. P BHATTACHARYA
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                       ORDER

Date : 02.03.2022

Heard Mr. B.K. Bhagawati, learned counsel appearing for the applicants. Also heard Ms.P. Bhattacharya, learned counsel appearing for the respondent Nos. 1 to 4.

The appeal is admitted for hearing upon the following substantial questions of law.

(i) Whether the impugned judgments and decree of the Ld. Court's below is sustainable for the failure to declare the right, title, interest of the appellants/plaintiffs though the appellants/plaintiffs right, title, interest over the suit land and same is admitted by the contesting parties?

(ii) Whether the finding given by the Ld. 1 st Appellate Court is sustainable on the point of waiver, acquiescence and estoppel? Issue notice returnable within 8(eight) weeks. No formal notice required to be served upon the respondent Nos. 1 to 3 as because Ms. Bhattacharya has entered appearance on their behalf.

The appellant shall take steps for service of notice upon the remaining respondents by registered posts with AD as well as by other usual process. Call for the LCR.

The applicant shall be at liberty to raise any other substantial question Page No.# 4/4

of law at the time of hearing.

List the matter after 8(eight) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant