Gauhati High Court
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GAHC010125722020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/48/2022
ON THE DEATH OF SMT. ANI TAMULI @ ANIMA TAMULI HER LEGAL
HEIRS ASHOK TAMULI AND ORS. AND 8 ORS
S/O LATE ANI TAMULI AND LT. KARTIK TAMULI, RESIDENT OF PO
KAMAKYA, GUWAHATI 781010, DIST KAMRUP M ASSAM
2: SMTI BASANTI TAMULI
D/O LATE ANI TAMULI AND LT. KARTIK TAMULI
RESIDENT OF PO KAMAKYA
GUWAHATI 781010
DIST KAMRUP M ASSAM
3: SMTI ASTAMI TAMULI
D/O LATE ANI TAMULI AND LT. KARTIK TAMULI
RESIDENT OF PO KAMAKYA
GUWAHATI 781010
DIST KAMRUP M ASSAM
4: SMTI BINA TAMULI
W/O LATE JUDDHA TAMULI
RESIDENT OF PO KAMAKYA
GUWAHATI 781010
DIST KAMRUP M ASSAM
5: SHRI NIPEN TAMULI
S/O LATE JUDDHA TAMULI
RESIDENT OF PO KAMAKYA
GUWAHATI 781010
DIST KAMRUP M ASSAM
6: SHRI APU TAMULI
S/O LATE JUDDHA TAMULI
RESIDENT OF PO KAMAKYA
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GUWAHATI 781010
DIST KAMRUP M ASSAM
7: SHRI MUNIN TAMULI
S/O LATE JUDDHA TAMULI
RESIDENT OF PO KAMAKYA
GUWAHATI 781010
DIST KAMRUP M ASSAM
8: SHRI RIKU TAMULI
S/O LATE JUDDHA TAMULI
RESIDENT OF PO KAMAKYA
GUWAHATI 781010
DIST KAMRUP M ASSA
VERSUS
SMTI RENU DEVI AND 2 ORS
D/O LATE RABINDRA NATH SARMA
RESIDENT OF PO KAMAKYA, GUWAHATI 781010, DIST KAMRUP M ASSAM
2:SMTI DIPIKA DEVI @ DALIMI DEVI
D/O LATE RABINDRA NATH SARMA
RESIDENT OF PO KAMAKYA
GUWAHATI 781010
DIST KAMRUP M ASSAM
3:SMTI GITA DEVI @ BHAGIRATHI DEVI
D/O LATE RABINDRA NATH SARMA
RESIDENT OF PO KAMAKYA
GUWAHATI 781010
DIST KAMRUP M ASSA
Advocate for the Petitioner : MR. S P ROY
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
09.11.2022
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Heard Mr. S.P. Roy, learned counsel for the appellant.
This appeal is filed under section 100 CPC is directed against the appellate
judgment and decree dated 04.02.2020 passed by the learned Civil Judge No.3,
Kamrup Metro, Guwahati in TA 70/2016, thereby dismissing the appeal and
affirming the judgment and decree dated 13.07.2016 passed by the learned
Munsiff No.1, Kamrup Metro, Guwahati in T.S. no.91/2012.
Appeal is admitted for hearing on the following substantial questions of
law:
(1) Whether the concurrent finding of both the learned Courts below
holding that the plaintiff was entitled to recover possession is perverse
as the suit was mainly for permanent injunction without praying any
consequential relief for recovery of possession?
(2) Whether the concurrent finding by the learned Courts below is
perverse, being in disregard of the admission of PW-1 in her cross-
examination no hue and cry/ uproar had occurred in respect of the suit
land on 04.03.2012, which demolishes the plea of the cause of action
for the suit?
The learned counsel for the petitioner is at liberty to raise any other
substantial question of law in course of hearing.
Issue notice returnable on 07.12.2022.
The appellant shall take steps within 2(two) days for service of notice on
the respondents by registered post with A/D as well as by usual process.
Let the LCR of the records of trial Court as well as the learned first
Appellate Court be called for.
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List the matter on 07.12.2022.
JUDGE
Comparing Assistant
