Gauhati High Court
Page No.# 1/6 vs Page No.# 2/6 on 2 August, 2024
Page No.# 1/6
GAHC010149772024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/142/2024
RATNESWAR GOGOI AND 3 ORS
S/O LATE HEMCHANDRA GOGOI,
RESIDENT OF AMGURI TOWN, WARD NO. 6, ABHAYPURIYA, PO AND PS
AMGURI, DIST SIVASAGAR, ASSAM
2: SRI RUPAM GOGOI
S/O RATNESWAR GOGOI
RESIDENT OF AMGURI TOWN
WARD NO. 6
ABHAYPURIYA
PO AND PS AMGURI
DIST SIVASAGAR
ASSAM
3: SRI MAHENDRA GOGOI
S/O RATNESWAR GOGOI
RESIDENT OF AMGURI TOWN
WARD NO. 6
ABHAYPURIYA
PO AND PS AMGURI
DIST SIVASAGAR
ASSAM
4: SRI SARAT JYOTI GOGOI
S/O RATNESWAR GOGOI
RESIDENT OF AMGURI TOWN
WARD NO. 6
ABHAYPURIYA
PO AND PS AMGURI
DIST SIVASAGAR
ASSA
VERSUS
Page No.# 2/6
BIREN GOHAIN AND 4 ORS
S/O LATE BHULANATH GOHAIN
RESIDENT OF HATIMURIA GAON (LONGKOTIA GOHAIN GAON), MOUZA
GODHULI BAZAR, PO AMGURI,DIST SIVASAGAR, ASSAM 785683
2:HORA KANTA GOHAIN
S/O LATE BHULANATH GOHAIN
RESIDENT OF HATIMURIA GAON (LONGKOTIA GOHAIN GAON)
MOUZA GODHULI BAZAR
PO AMGURI
DIST SIVASAGAR
ASSAM 785683
3:SRI INDRAKANTA GOHAIN
S/O LATE DIMBESWAR CHUTIA
RESIDENT OF HATIMURIA GAON (LONGKOTIA GOHAIN GAON)
MOUZA GODHULI BAZAR
PO AMGURI
DIST SIVASAGAR
ASSAM 785683
4:SRI KHAGEN GOHAIN
S/O LATE DIMBESWAR CHUTIA
RESIDENT OF HATIMURIA GAON (LONGKOTIA GOHAIN GAON)
MOUZA GODHULI BAZAR
PO AMGURI
DIST SIVASAGAR
ASSAM 785683
5:SRI NOGEN GOHAIN
S/O LATE DIMBESWAR CHUTIA
RESIDENT OF HATIMURIA GAON (LONGKOTIA GOHAIN GAON)
MOUZA GODHULI BAZAR
PO AMGURI
DIST SIVASAGAR
ASSAM 78568
Advocate for the Petitioner : MR. D CHAKRABARTY, MR. A BHATTACHARYYA,MR. D
CHAKRABARTY
Advocate for the Respondent : ,
Page No.# 3/6
Linked Case : I.A.(Civil)/2273/2024
RATNESWAR GOGOI AND 3 ORS
S/O LATE HEMCHANDRA GOGOI
RESIDENT OF AMGURI TOWN
WARD NO. 6
ABHAYPURIYA
PO AND PS AMGURI
DIST SIVASAGAR
ASSAM
2: SRI RUPAM GOGOI
S/O RATNESWAR GOGOI
RESIDENT OF AMGURI TOWN
WARD NO. 6
ABHAYPURIYA
PO AND PS AMGURI
DIST SIVASAGAR
ASSAM
3: SRI MAHENDRA GOGOI
S/O RATNESWAR GOGOI
RESIDENT OF AMGURI TOWN
WARD NO. 6
ABHAYPURIYA
PO AND PS AMGURI
DIST SIVASAGAR
ASSAM
4: SRI SARAT JYOTI GOGOI
S/O RATNESWAR GOGOI
RESIDENT OF AMGURI TOWN
WARD NO. 6
ABHAYPURIYA
PO AND PS AMGURI
DIST SIVASAGAR
ASSAM
VERSUS
BIREN GOHAIN AND 4 ORS
S/O LATE BHULANATH GOHAIN RESIDENT OF HATIMURIA GAON
(LONGKOTIA GOHAIN GAON)
MOUZA GODHULI BAZAR
PO AMGURI
DIST SIVASAGAR
ASSAM 785683
Page No.# 4/6
2:HORA KANTA GOHAIN
S/O LATE BHULANATH GOHAIN
RESIDENT OF HATIMURIA GAON (LONGKOTIA GOHAIN GAON)
MOUZA GODHULI BAZAR
PO AMGURI
DIST SIVASAGAR
ASSAM 785683
3:SRI INDRAKANTA GOHAIN
S/O LATE DIMBESWAR CHUTIA
RESIDENT OF HATIMURIA GAON (LONGKOTIA GOHAIN GAON)
MOUZA GODHULI BAZAR
PO AMGURI
DIST SIVASAGAR
ASSAM 785683
4:SRI KHAGEN GOHAIN
S/O LATE DIMBESWAR CHUTIA
RESIDENT OF HATIMURIA GAON (LONGKOTIA GOHAIN GAON)
MOUZA GODHULI BAZAR
PO AMGURI
DIST SIVASAGAR
ASSAM 785683
5:SRI NOGEN GOHAIN
S/O LATE DIMBESWAR CHUTIA
RESIDENT OF HATIMURIA GAON (LONGKOTIA GOHAIN GAON)
MOUZA GODHULI BAZAR
PO AMGURI
DIST SIVASAGAR
ASSAM 785683
------------
Advocate for : MR. D CHAKRABARTY
Advocate for : appearing for BIREN GOHAIN AND 4 ORS
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BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 02.08.2024
1. Heard Mr. D. Chakrabarty, learned counsel for the appellants.
2. This Regular Second Appeal under Section 100 of the Code of Civil
Procedure, 1908 has been filed by the appellants impugning the judgment and
decree dated 25.04.2024 by the Court of learned Civil Judge, (Sr. Division)
Sivasagar in Title Appeal No. 01/2023, whereby it set aside the judgment of the
Trial Court in Title Suit No. 21/2022, which was filed by the
respondents/plaintiffs and decreed the same in favour of the respondent No. 2.
3. After hearing the learned counsel for the appellant and after perusing
the Memo of Appeal as well as the documents annexed therewith the Memo of
Appeal, following substantial question of law is formulated:
i. Whether the judgment of the First Appellate Court is
perverse in not taking into account the evidence on record to the
effect that there was no marriage between Bhadra Gogoi Gohain
and Prema Gohain and thereafter, coming to the finding that
respondents are the Class II heirs of Bhadra Gogoi Gohain.
ii. Whether the judgment of the First Appellate Court is also
perverse on account that it failed to take into consideration the
judgment and compromise decree, which was passed in Title Suit
No. 17/2003, wherein the respondents/plaintiffs have waived their
right, title and interest over the suit land.
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4. Issue notice to the respondents.
5. This appeal is admitted.
6. Call for the records from the Trial Court.
7. The appellant shall take steps for issuance of notice to the respondent
by registered post with A/D as well as by usual mode within three days from the
date of this order, returnable on 18.09.2024.
8. List this matter on 18.09.2024.
JUDGE
Comparing Assistant
