Gauhati High Court
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GAHC010197362022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/49/2023
SARIF UDDIN BARBHUIYA AND 6 ORS.
S/O LATE NUR UDDIN BARBHUIYA,
RESIDENT OF VILLAGE CHANDPUR, PS AND DIST HAILAKANDI, ASSAM
2: MD. NAZIM UDDIN BARBHUIYA
S/O LATE NUR UDDIN BARBHUIYA
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
3: MD. MONIR UDDIN BARBHUIYA
S/O LATE NUR UDDIN BARBHUIYA
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
4: MUSSTT. FULERUN NESSA
D/O LATE NUR UDDIN BARBHUIYA
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
5: MD. SALIM UDDIN BARBHUIYA
S/O LATE ISLAM UDDIN BARBHUIYA
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
6: MUSSTT. MONWARA BEGUM BARBHUIYA
D/O LATE ISLAM UDDIN BARBHUIYA
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RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
7: MUSSTT. MONJIRA BEGUM BARBHUIYA
D/O LATE ISLAM UDDIN BARBHUIYA
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSA
VERSUS
ON THE DEATH OF ABDUL JALIL BARBHUIYA HIS LEGAL HEIRS ABUL
HUSSAIN BARBHUYIA AND ORS.
(SON)
RESIDENT OF VILLAGE CHANDPUR, PS AND DIST HAILAKANDI, ASSAM
2:AJMOL HUSSAIN BARBHUIYIA
(SON)
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
3:DILWARA HUSSAIN BARBHUIYIA
(SON)
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
4:HUSSANA BEGUM BARBHUIYIA
(DAUGHTER )
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
5:MD. MOIYUR UDDIN BARBHUIYA
S/O LATE KALA RAJA BARBHUIYA
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
6:MD. FARAS UDDIN BARBHUIYA
S/O LATE KALA RAJA BARBHUIYA
RESIDENT OF VILLAGE CHANDPUR
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PS AND DIST HAILAKANDI
ASSAM
7:MUSST. ALACHUN NESSA BARBHUIYA
D/O LATE KALA RAJA BARBHUIYA
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
8:MUSSTT. RUSTANA BEGUM BARBHUIYA
D/O LATE KALA RAJA BARBHUIYA
RESIDENT OF VILLAGE CHANDPUR
PS AND DIST HAILAKANDI
ASSAM
9:MD. SAMSUL HOQUE LASKAR
S/O LATE LUDHAN ALI LASKAR
RESIDENT OF NARAINPUR PART I
PS AND DIST HAILAKANDI
ASSAM
10:MD. ABDUL MATIN LASKAR
S/O LATE HASAN ALI LASKAR
RESIDENT OF CHANDPUR
PS AND DIST HAILAKANDI
ASSA
Advocate for the Petitioner : MR. P S DEKA
Advocate for the Respondent :
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
24. 03. 2023
Heard Mr. PS Deka, learned Senior counsel assisted by Ms. B Lahkar, learned
counsel for the appellants.
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The present appeal is under Section 100 of the Code of Civil Procedure, 1908
against the judgment and decree dated 17.06.2022 passed in TA No. 14/2020 by the
learned Civil Judge, Hailakandi affirming the judgment and decree dated 12.03.2020
with some modification passed by the learned Munsiff No. 1, Hailakandi in TS No.
58/2016.
This second appeal is admitted on the following substantial question of law:
Whether the judgment of both learned courts below are perverse in view of
allowing partition of land purchased by the ancestor of the appellant through
sale deed No. 2140 dated 05.04.1972 and sale deed No. 2294 dated
23.07.2002?
Call for the record.
Issue notice, returnable after six weeks.
Appellants to take steps for service of notice upon the respondents by way of
registered post with A/D and by usual process within a period of five days from today.
JUDGE
Comparing Assistant
