Page No.# 1/4 vs Mamon Bora And 14 Ors
2024 Latest Caselaw 5487 Gua

Gauhati High Court

Page No.# 1/4 vs Mamon Bora And 14 Ors on 2 August, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                               Page No.# 1/4

GAHC010049882024




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

                          Case No. : RSA/43/2024

         GAUTOM BORA AND 2 ORS
         S/O LATE SURENDRA NATH BORA
         RESIDENT OF MORIGAON TOWN WARD NO 4 PO MORIGAON, PS
         BHURAGAON, DIST MORIGAON, ASSAM 782105

         2: SRI PUNYA PRABHA BORA
         W/O LATE SURENDRA NATH BORA
         RESIDENT OF MORIGAON TOWN WARD NO 4 PO MORIGAON
          PS BHURAGAON
          DIST MORIGAON
         ASSAM 782105

         3: SMTI BOGIMAI BORA @ BOGI BORA
         W/O LATE BABUL CH. BORA
         RESIDENT OF MORIGAON TOWN WARD NO 4 PO MORIGAON
          PS BHURAGAON
          DIST MORIGAON
         ASSAM 78210

         VERSUS

         MAMON BORA AND 14 ORS
         D/O LATE SURENDRA NATH BORA
         W/O SRI JIBAN CH. KALITA
         RESIDENT OF VILLAGE NAWKATA, MOUZA DANDUA, PO AND DIST
         MORIGAON, ASSAM 782105

         2:SMTI UPAMONI BORA
          D/O LATE SURENDRA NATH BORA
         W/O SRI INDRA PRASAD BORA
         RESIDENT OF DHARAMNALA
          PO AND PS DIPHU
          DIST KARBI ANGLONG
         ASSAM 782460
                                    Page No.# 2/4


3:SMTI RUMI BORA
 D/O LATE SURENDRA NATH BORA
W/O SRI BIJOY BORDOLOI
 RESIDENT OF VILLAGE LATHABORI
WARD NO. 1
 PO AND DIST MORIGAON
ASSAM 782105

4:SMTI BHABANI BORA
W/O LATE BOGARAM BORA
RESIDENT OF VILLAGE LATHABORI
WARD NO. 1, PO AND DIST MORIGAON
ASSAM 782105

5:SRI JADUMONI NATH
 S/O LATE TILO NATH
RESIDENT OF SIDHABARI WARD NO. 8
 PO AND DIST MORIGAON
ASSAM 782105

6:GHANA KANTA BORA
 S/O LILADHAR BORA
RESIDENT OF MORIGAON TOWN
 PO AND DIST MORIGAON
ASSAM 782105

7:SRI UPEN HAZARIKA
 S/O BHABEN HAZARIKA
RESIDENT OF VILLAGE NA TARABORI

PO AND DIST MORIGAON
ASSAM 782105

8:SRI DEBEN CH. NATH
 S/O SRI DHANESWAR NATH
RESIDENT OF VILLAGE RAJAGAON
WARD NO. 5
 PO AND DIST MORIGAON
ASSAM 782105

9:SMTI DURGAMANI KAKATI
W/O SRI GAGAN KAKATI
RESIDENT OF TELAHI TINIALI
 PS DHARAMTUL
 PO AND DIST MORIGAON
ASSAM 782105
                                                                          Page No.# 3/4

            10:SRI KHIRUD KR. NATH
             S/O LATE BHOLARAM NATH
            RESIDENT OF VILLAGE RAJAGAON
            WARD NO. 5
             PO AND DIST MORIGAON
            ASSAM 782105

            11:SMTI KARABI SAIKIA
             W/O SUBHAS SAIKIA
             RESIDENT OF VILLAGE RAJAGAON
             WARD NO. 5., PS
             PO AND DIST MORIGAON
            ASSAM 782105

            12:SRI SAILYADHAR MEDHI
             S/O LATE MANURAM MEDHI
            RESIDENT OF VILLAGE OUGURI
             PS MORIGAON
             PO AND DIST MORIGAON
            ASSAM 782105

            13:SRI PRADIP GAYAN
             S/O SRI PUTUL GAYAN
            RESIDENT OF RAJAGAON
            WARD NO. 5
             PO AND DIST MORIGAON
            ASSAM 782105

            14:SRI NABAJYOTI BHUYAN
             S/O LATE ARUN CH. BHUYAN
            RESIDENT OF MORIGAON TOWN
            WARD NO. 4. PS
             PO AND DIST MORIGAON
            ASSAM 782105

            15:SMTI PADMA BORBHUYAN
            W/O LATE ARUN CH. BHUYAN
            RESIDENT OF MORIGAON TOWN
            WARD NO. 4
             PO AND DIST MORIGAON
            ASSAM 78210

Advocate for the Petitioner   : MS. R CHOUDHURY, MS F N ZAMAN,MS. B. HAZARIKA

Advocate for the Respondent : MR. S R GOGOI, FOR CAVEATOR,MR. C SARMAH
                                                                       Page No.# 4/4


                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                     ORDER

Date : 02.08.2024

Heard Ms. R. Choudhury, the learned counsel appearing for the appellants and Mr. S.R. Gogoi, the learned counsel appearing for the respondent No.1.

The Regular Second Appeal is admitted for hearing upon the following substantial question of law :-

Whether the findings so arrived at by the learned First Appellate Court in the impugned judgment is at all sustainable in presence of settled legal principle that a partition suit is not maintainable in absence of proper description of ancestral propertied ?

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

No formal notice is required to be sent to respondent No. 1 as because Mr. Gogoi has accepted notice.

Issue notice to the remaining respondents.

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

Call for the LCR.

List after 4 (four) weeks.

JUDGE

Comparing Assistant