Page No.# 1/2 vs Md. Shoaib Bora
2023 Latest Caselaw 395 Gua

                                                                   Page No.# 1/2

GAHC010072662019




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

                                  Case No. : RSA/154/2022

            MD. FARZAD HUSSAIN AND ANR
            S/O- MD. NAUSHAD HUSSAIN, R/O- KHIZNUR ALI ROAD, WARD NO. 5,
            SIVASAGAR, P.O. AND P.S. SIVASAGAR, MOUZA- NAGAR MAHAL MOUZA,
            DIST.- SIVASAGAR, ASSAM, PIN- 785640.

            2: MD. ZAHIR HUSSAIN
             S/O- MD. NAUSHAD HUSSAIN
             R/O- KHIZNUR ALI ROAD
            WARD NO. 5
             SIVASAGAR
             P.O. AND P.S. SIVASAGAR
             MOUZA- NAGAR MAHAL MOUZA
             DIST.- SIVASAGAR
            ASSAM
             PIN- 78564

            VERSUS

            MD. SHOAIB BORA
            S/O- LATE ABU NAYEM BORA, R/O- BORA ROAD, WARD NO. 4, SIVASAGAR
            TOWN, P.O. AND P.S. SIVASAGAR, MOUZA- NAGAR MAHAL MOUZA, DIST.-
            SIVASAGAR, ASSAM, PIN- 785640.



Advocate for the Petitioner   : MR. A R SHOME

Advocate for the Respondent : MR G N SAHEWALLA




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
                                                                         Page No.# 2/2

                                       ORDER

03.02.2023

Heard Mr. A. R. Shome, learned counsel for the appellant. Also heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Ms. T. J. Sahewalla, learned counsel for the respondent No. 1.

This second appeal is against the judgment and decree dated 10.09.2018 passed in Title Appeal No. 23/2015 by the learned Civil Judge, Sivasagar and the same is admitted on the following substantial question of law:-

1. Whether the findings of the court below suffers from perversity taking into account the evidence of DW ?.

Issue notice returnable after four weeks.

Call for the records.

As Ms. T. J. Sahewalla, learned counsel accepts notice on behalf of the respondent No. 1, no formal notice need be issued.

List this matter along with RSA/145/2022, which was admitted on 31.10.2022.

JUDGE

Comparing Assistant