Mustafa Shahidul Islam vs Musstt. Manjula Hoque Islam And ...
2023 Latest Caselaw 1435 Gua

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GAHC010268692022




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

                                   Case No. : RSA/31/2023

             MUSTAFA SHAHIDUL ISLAM
             S/O LATE HAJI AMSAR ALI MUKHTAR,
             RESIDENT OF CHRISTIAN BASTI, GS ROAD , GUWAHATI 781005, KAMRUP
             M ASSAM



             VERSUS

             MUSSTT. MANJULA HOQUE ISLAM AND ANR.
             W/O MUSTAFA SHAHIDUL ISLAM, RESIDENT OF FLAT NO. 202,
             PANORAMA APARTMENT, OPP. COMMERCE COLLEGE, CHANDMARI,
             GUWAHATI 781003, KAMRUP M ASSAM

             2:KANAKESWAR GOGOI
              S/O BADURAM GOGOI
             VILLAGE LALUK PO LALUK
              DIST LAKHIMPUR
             ASSAM 787160
             ASSA

Advocate for the Petitioner   : MR P K KALITA

Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

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Heard Mr. P. K. Kalita, learned counsel for the appellant.

This second appeal is filed under Section 100 of the Code of Civil Procedure, 1908 assailing the order dated 04.11.2022 passed in Misc.(J) Case No. 187/2018 and consequently passing the judgment and order dated 04.11.2022 in Title Appeal No. 17/2018 by the Court of learned Civil Judge No. 2, Kamrup (M), Guwahati, dismissing the Title Appeal No. 17/2018 thereby confirming the judgment and decree dated 17.05.2017 passed by the learned Munsiff No. 1, Kamrup (M) at Guwahati passed in T.S. No. 437/2007.

The first appeal being Title Appeal No. 17/2018 was dismissed not on merit, however, on the ground that the appeal was filed beyond prescribed period of limitation and therefore, barred by law of limitation.

In that view of the matter, this Court is of the opinion that before the stage of admission, let a notice be issued to the respondents so as to take up the matter for Admission Hearing in presence of the respondents.

Accordingly, issue notice returnable after six weeks.

Call for LCR of Title Appeal No. 17/2018 from the Court of learned Civil Judge No. 2, Kamrup(M), Guwahati.

The appellant to take steps for issuance of notice upon the respondents, by way of registered post with A/D as well as by usual process within a period of 5(five) days from today.

List this matter after six weeks on a date to be fixed by the Registry.

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JUDGE

Comparing Assistant