Sahajahan Ali vs Siddique Ali And Ors
2023 Latest Caselaw 1984 Gua

                                                                  Page No.# 1/4

GAHC010032912023




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

                            Case No. : RSA/30/2023

         SAHAJAHAN ALI
         S/O LATE ASMOT ALI,
         RESIDENT OF VILLAGE BANGALIPARA PART I, PS BILASIPARA, 783348,
         DIST DHUBRI, ASSAM



         VERSUS

         SIDDIQUE ALI AND ORS .
         S/O LATE SORIFUDDIN SK,
         RESIDENT OF VILLAGE BANGALIPARA PART I, PS BILASIPARA, 783348,
         DIST DHUBRI, ASSAM

         2:MOHILA BEWA
         W/O LATE SORIFUDDIN SK

         RESIDENT OF VILLAGE BANGALIPARA PART I
         PS BILASIPARA
         783348
         DIST DHUBRI
         ASSAM

         3:NUR AMIN SK
          S/O LATE SORIFUDDIN SK

         RESIDENT OF VILLAGE BANGALIPARA PART I
         PS BILASIPARA
         783348
         DIST DHUBRI
         ASSAM

         4:MOTIAR RAHMAN
          S/O LATE SORIFUDDIN SK
                                          Page No.# 2/4


RESIDENT OF VILLAGE BANGALIPARA PART I
PS BILASIPARA
783348
DIST DHUBRI
ASSAM

5:SHAIBANI BEWA
W/O LATE JAHANUR ISLAM

RESIDENT OF VILLAGE BANGALIPARA PART I
PS BILASIPARA
783348
DIST DHUBRI
ASSAM

6:JHIMI BEGUM
 D/O LATE JAHANUR ISLAM

RESIDENT OF VILLAGE BANGALIPARA PART I
PS BILASIPARA
783348
DIST DHUBRI
ASSAM

7:SHAHIN HASAN
 S/O LATE JAHANUR ISLAM

RESIDENT OF VILLAGE BANGALIPARA PART I
PS BILASIPARA
783348
DIST DHUBRI
ASSAM

8:JITU BEGUM
 D/O LATE JAHANUR ISLAM

RESIDENT OF VILLAGE BANGALIPARA PART I
PS BILASIPARA
783348
DIST DHUBRI
ASSAM

9:ALIMA KHATUN
W/O SABDUL MOTLEB ALI

RESIDENT OF KHUDNAMARI PART II
PS SAPATGRAM
                                                       Page No.# 3/4

             DIST DHUBRI
             ASSAM
             783348

            10:SABDUL MOTLEB ALI
             S/O KASHEM ALI
            RESIDENT OF KHUDNAMARI PART II
             PS SAPATGRAM
             DIST DHUBRI
            ASSAM
             783348

            11:ZAKIR HUSSAIN
             S/O LATE BABUR ALI

            RESIDENT OF VILLAGE BANGALIPARA PART II
            PS BILASIPARA
            DIST DHUBRI
            ASSAM 783348

            12:MINARUL ISLAM
             S/O ABUL HOSSEN

            RESIDENT OF VILLAGE BANGALIPARA PART I
            PS BILASIPARA
            DIST DHUBRI
            783348

            13:A.S.O
             BILASIPARA CIRCLE

            14:THE SETTLEMENT OFFICER

             DHUBRI

            15:THE STATE OF ASSAM
             REPRESENTED BY THE COLLECTOR
             DHUBRI

Advocate for the Petitioner   : S CHOUDHURY

Advocate for the Respondent :
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                                    BEFORE
                   HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                              ORDER

Date : 15.5.2023

Heard Mr. A. Sattar, learned counsel for the appellant.

This second appeal is against the judgment and decree dated 28.11.2022 passed by the learned Additional District Judge, Dhubri in Title Appeal No. 2/2019 by which the judgment and decree dated 3.12.2018 passed by the learned Court of the Civil Judge, Dhubri in T.S. No. 6/2015 is set aside. This second appeal is admitted on the following substantial question of law.

A. Whether the learned first appellate court below erred in law by not formulating the points of determination as mandated under Order XLI Rules 31 of the CPC?

B. Whether the learned appellate court perversely decided the issue Nos. 3 and 4 and reversed the determination made by the learned trial court by ignoring the evidence on record.

Issue notice returnable after four weeks.

Call for the records.

The appellant shall take steps for service of notice on the respondents within a period of three days from today both by way of registered post with A/D as well as by usual process.

JUDGE

Comparing Assistant