Gauhati High Court
Gopal Borkakoty vs Nandan Borkakoty And 4 Ors on 7 August, 2024
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GAHC010104002024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/147/2024
GOPAL BORKAKOTY
S/O LATE GUNIN BORKAKOTY,
RESIDENT OF SONARI TOWN, WARD NO. 1, PO AND PS SONARI, DIST
CHARAIDEO, ASSAM 785690
VERSUS
NANDAN BORKAKOTY AND 4 ORS
S/O LATE GUNIN BORKAKOTY,
RESIDENT OF SONARI TOWN, WARD NO. 1, PO AND PS SONARI, DIST
CHARAIDEO, ASSAM 785690
2:KRIPAL BORKAKOTY
S/O LATE GUNIN BORKAKOTY
RESIDENT OF SONARI TOWN
WARD NO. 1
PO AND PS SONARI
DIST CHARAIDEO
ASSAM 785690
3:SRI SAGAR BORKAKOTY
S/O LATE GUNIN BORKAKOTY
RESIDENT OF SONARI TOWN
WARD NO. 1
PO AND PS SONARI
DIST CHARAIDEO
ASSAM 785690
4:SRI KARUNA BORKAKOTY
S/O LATE GUNIN BORKAKOTY
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RESIDENT OF SONARI TOWN
WARD NO. 1
PO AND PS SONARI
DIST CHARAIDEO
ASSAM 785690
5:SRI HARI BORKAKOTY
S/O LATE GUNIN BORKAKOTY
RESIDENT OF SONARI TOWN
WARD NO. 1
PO AND PS SONARI
DIST CHARAIDEO
ASSAM 78569
Advocate for the Petitioner : MR. S SUTRADHAR, MR. R P KAKOTI SR. ADV.,MR A B DEY
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 07.08.2024
Heard Mr. R.P. Kakoti, learned Senior counsel assisted by Mr. S. Sutradhar,
learned counsel for the appellant.
This second appeal is directed against the judgment and decree passed by the
learned Civil Judge (Senior Division), Charaideo, Sonari, in Title Appeal No.06/2022
passed on 21.02.2024.
It is to be noted here that vide impugned judgment and decree dated
21.02.2024, learned Civil Judge (Senior Division), Charaideo, Sonari, has set aside the
judgment and decree passed by the learned Trial Court in Title Suit No.06/2020 and
the corresponding decree.
Perused the memo of appeal and grounds mentioned therein and also perused
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the impugned judgment and decree dated 21.02.2024 passed by the learned Civil
Judge (Senior Division), Charaideo, Sonari, in Title Appeal No.06/2022 and the
judgment and decree passed by the learned Munsiff, Charaideo, Sonari in Title Suit
No.06/2020 dated 30.09.2022.
Having heard the submission of learned Senior counsel for the appellant and
also considering the facts and circumstances on the record, this second appeal is
admitted on the following substantial questions of law:
(i) Whether existence of a mutual family partition can be ignored/ denied by
the learned First Appellate Court, while none of the defendants/brothers had
objected to the said partition, and all have taken possession of their respective
shares of the land according to the terms of the said partition?
(ii) Whether, a suit filed for declaration of right, title and interest of the plaintiff
over the suit land in accordance to a family partition can be rejected by the First
Appellate Court, while the defendant No.1 clearly states in his written statement
that he does not have any claim over the plaintiffs' property, except his right to
use approach path along with the plaintiff and others?
Issue notice to the respondents returnable in 4(four) weeks.
Step be taken by registered post with A/D and also by usual process within a
week from today.
Registry shall call for the record from the learned Trial Court and also from the
First Appellate Court.
List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
