Sri Sushil Ranjan Dey vs Smti Bhagwati Devi Khemani And 4 ...
2022 Latest Caselaw 1839 Gua

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GAHC010085232020




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

                        Case No. : RSA/85/2022

         SRI SUSHIL RANJAN DEY
         S/O LATE RAJANI KANTA DEY
         RESIDENT OF PURNANANDA ROAD OF DIBRUGARH TOWN, PO, PS AND
         DIST DIBRUGARH, ASSAM

         VERSUS

         SMTI BHAGWATI DEVI KHEMANI AND 4 ORS
         W/O LATE KAMAKHYA PRASAD KHEMANI
         RESIDENT OF PURNANANDA ROAD OF DIBRUGARH TOWN, PO, PS AND
         DIST DIBRUGARH, ASSAM

         2:SRI LAKHI PRASAD KHEMANI
          S/O LATE KAMAKHYA PRASAD KHEMANI
         RESIDENT OF PURNANANDA ROAD OF DIBRUGARH TOWN
          PO
          PS AND DIST DIBRUGARH
         ASSAM

         3:SRI RAMESH KUMAR KHEMANI
          S/O LATE KAMAKHYA PRASAD KHEMANI
         RESIDENT OF PURNANANDA ROAD OF DIBRUGARH TOWN
          PO
          PS AND DIST DIBRUGARH
         ASSAM

         4:SRI SURENDRA KUMAR KHEMANI
          S/O LATE KAMAKHYA PRASAD KHEMANI
         RESIDENT OF PURNANANDA ROAD OF DIBRUGARH TOWN
          PO
          PS AND DIST DIBRUGARH
         ASSAM

         5:SRI NARENDRA KUMAR KHEMANI
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            S/O LATE KAMAKHYA PRASAD KHEMANI
            RESIDENT OF PURNANANDA ROAD OF DIBRUGARH TOWN
            PO
            PS AND DIST DIBRUGARH
            ASSA

Advocate for the Petitioner   : MR. P J SAIKIA

Advocate for the Respondent :

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA

27-05-2022

The appellant is represented by Mr. P.J. Saikia, learned counsel.

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

1) Whether the judgment passed by the courts below is perverse ?

2) Whether the learned First Appellate Court is right in deciding the appeal without deciding all the issues framed in the suit ?

3) Whether the relief claimed by the Plaintiff is barred by law of Adverse Possession ?

4) Any other substantial question of law that may arise during the course of the hearing of the appeal ?

Call for the LCR.

Issue notice to the respondents under registered post with A/D as well as under usual process, including Dasti mode.

Steps be taken within five days.

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In the event notice is served under Dasti mode, an affidavit to that effect may be filed before this Court.

List this matter immediately after service of notice on 15.6.2022.

JUDGE

Comparing Assistant