Troilukya Gohain Baruah vs Putali Gohain Baruah And Anr
2023 Latest Caselaw 3957 Gua

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GAHC010205302023




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

                               Case No. : RSA/171/2023

             TROILUKYA GOHAIN BARUAH
             S/O LT. MINI KANTA GOHAIN BARUAH R/O NAKARI NAGAR WARD NO. 3
             P.O. AND P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN 787001
             PRESENTLY RESIDING AT LAMB ROAD HOUSE NO. 42 3RD FLOOR
             LATASIL P.S LATASIL UZAMBAZAR GUWAHATI 781001 DIST. KARUP
             METRO ASSAM PHN NO. 9435019045



             VERSUS

             PUTALI GOHAIN BARUAH AND ANR.
             W/O LT CHAMPAK GOHAIN BARUAH R/O NAKARI NAGAR WARD NO. 3
             P.O. AND P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN 787001

             2:GAURAV GOHAIN BARUAH
              S/O LT. CHAMPAK GOHAIN BARUAH R/O NAKARI NAGAR WARD NO. 3
             P.O. AND P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN 78700

Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent :

                                     :: BEFORE ::
                      HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                     O R D E R

25.09.2023

Heard Mr. B. Saraf, learned counsel appearing for the appellant.

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The Regular Second Appeal is admitted for hearing upon the following two substantial questions of law.

1) Whether the Judgments of the courts below were perverse and vitiated by non-consideration of the relevant documents Exhibits- 1 and J to prove the contents of the Exhibit-4 is false and contrary to the record?

2) Whether the courts below by defying the specific order of Hon'ble High Court passed on 22.01.2019 in CRP(I/O) No.79/2019 decided the issue on the point of ownership and therefore interference by this Hon'ble Court is called for?

The appellant shall be at liberty to raise any other substantial questions of law at the time of hearing.

Issue Notice.

The appellant shall take steps for service of notice upon the respondents by registered post with A/D.

Call for the LCR.

List after 4(four) weeks.

JUDGE

Comparing Assistant