Raben Das @ Rabendra Nath Das vs Dwijen Das And 2 Ors
2025 Latest Caselaw 9204 Gua

Gauhati High Court

Raben Das @ Rabendra Nath Das vs Dwijen Das And 2 Ors on 10 December, 2025

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GAHC010151252025




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

                            Case No. : RSA/113/2025

         RABEN DAS @ RABENDRA NATH DAS
         S/O. LT. KIRTANA DAS, R/O. VILL.- UZAN BARBARI, MOUZA-BIJNI, P/O.
         KARDAIGURI, P/S. BARPETA ROAD, DIST. BARPETA, ASSAM, PIN-781318

         VERSUS

         DWIJEN DAS AND 2 ORS
         S/O. LT. PURANDAR DAS, R/O. VILL.- UZAN BARBARI, MOUZA- BIJNI, P/S.
         BARPETA RAOD, DIST. BARPETA, ASSAM
         PRESENT ADDRESS-
         VILL.- UZAN BARBARI, P/O. KARDAIGURI, DIST. BAJALI, ASSAM, PIN-
         781318.

         2:ACQUISITION MANAGER (AIRCEL) G.L.T. INFRASTRUCTURE LTD.
          MAYUR GARDEN
          3RD FLOOR
          (NEAR A.B.C. BUS STOP
          OPPOSITE RAJIB BHABAN)
          G.S. ROAD
          GUWAHATI-05
          DIST. KAMRUP (M)
         ASSAM.

         3:ACQUISITION MANAGER (AIRCEL) INDUS TOWERS LTD.
          (BHARATI INFRATEL LTD.)
          6TH FLOOR
          BIJAY CRESENT
         ABOVE RELIENCE TRENDS
          NEAR HDFC BANK
          RUKMINI NAGAR
          GUWAHATI-22
          DIST. KAMRUP (M)
         ASSAM
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Advocate for the Petitioner   : MR. G MISHRA, MR. U B SARMA,MRS. G SARMA,S DEY

Advocate for the Respondent : MR. T C CHUTIA (R-1), A WAHID (R-3),MD F FARIDI(R-3),MR. A
DHAR(R-3),MR D K ROY(R-1)




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 10.12.2025

1. Heard Mr. U. B. Sarma, learned counsel for the appellant. Also heard Mr. D. K. Roy, learned counsel for the respondent No. 1 as well as Md. F. Faridi, learned counsel for the respondent No. 2.

2. After considering the submissions made by the learned counsel for the petitioner as well as the learned counsel for the respondents, who are present before this Court, following substantial question of law formulated in this case:-

"Whether the First Appellate Court while reversing the judgment and decree of the Trial Court acted perversely in holding that the suit land i.e., the Schedule-A land has been amicably partitioned in two half and holding that the Schedule-B property falls in the share of the present respondent No. 1, without there being any evidence to that effect on record"

3. Issue notice to the respondent No. 2.

4. The appellant shall take steps for issuance of notice upon the respondent No. 2 by speed post as well as by usual mode within seven days from the date of this order, returnable after four weeks.

5. The other respondents are duly represented by their engaged counsel.

6. Let also the record of Trial Court as well as First Appellate Court be called for.

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7. The Registry to take steps for requisitioning the aforesaid records.

8. List this matter after four weeks on receipt of the records.

JUDGE

Comparing Assistant