Page No.# 1/4 vs Smti Aloka Sarkar
2025 Latest Caselaw 3596 Gua

Gauhati High Court

Page No.# 1/4 vs Smti Aloka Sarkar on 28 February, 2025

                                                                  Page No.# 1/4

GAHC010035702025




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

                           Case No. : RSA/17/2025

         RABINDRA NATH ROY
         S/O LATE DHARANI KANTA ROY,
         RESIDENT OF JHASKAL PART II, PS AGOMONI, DIST DHUBRI, ASSAM

         2: BADAL NATH ROY
          S/O LATE DHARANI KANTA ROY

         RESIDENT OF JHASKAL PART II
         PS AGOMONI
         DIST DHUBRI
         ASSAM

         3: BIDHAN CHANDRA ROY
          S/O LATE DHARANI KANTA ROY

         RESIDENT OF JHASKAL PART II
         PS AGOMONI
         DIST DHUBRI
         ASSAM

         4: BINOD KUMAR ROY
          S/O LATE DHARANI KANTA ROY

         RESIDENT OF JHASKAL PART II
         PS AGOMONI
         DIST DHUBRI
         ASSA

         VERSUS

         SMTI ALOKA SARKAR,
         D/O LATE DHARANI KANTA ROY,
         W/O KAMINI KANTA SARKAR
         RESIDENT OF VILLAGE JHAPUSABARI PART III, PO JHAPUNSABARI, PS
                                                                       Page No.# 2/4

            AGOMONI, DIST DHUBRI, ASSAM 783335

            2:SMTI SURO BALA ROY
            W/O PRAFULLYA CHANDRA ROY

            D/O LATE DHARANI KANTA ROY

            RESIDENT OF VILLAGE KHERBARI PART I
            PO KHERBARI
            PS AGOMONI
            DIST DHUBRI
            ASSAM 783335

            3:BHUPAL CHANDRA ROY L. P SCHOOL
             REPRESENTED BY ITS SECRETARY
            VILLAGE JHASKAL PART II
             PS AGOMONI
             DIST DHUBRI
            ASSAM 78335

            4:THE DISTRICT COLLECTOR
             DHUBRI
            ASSAM 783301

            5:SMTI ANITA BALA ROY
             D/O LATE DHARANI KANTA ROY

            W/O LATE RABINDRA NATH PRODHANI
            VILLAGE BISONDOI PART II
            PO BISONDOI
            PS GOLAKGANJ
            DIST DHUBRI
            ASSAM 78312

Advocate for the Petitioner   : MR A HAWARI, A R MONDAL,MR. S ISLAM

Advocate for the Respondent : ,
                                                                      Page No.# 3/4

                                  BEFORE
                   HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                   ORDER

28.02.2025

Heard Mr. S. Islam, learned counsel for the appellants.

This appeal is filed under Section 100 of the Code of Civil Procedure, 1908, challenging the impugned Judgment dated 20.11.2024, passed by the learned District Judge, Dhubri, in Title Appeal No. 10/2019, which set aside the Judgment & Decree dated 26.07.2019, passed by the learned Civil Judge, Dhubri, in Title Suit No. 02/2014.

Upon hearing the learned counsel for the appellants, this appeal is admitted in the following Substantial Questions of Law:-

"i. Whether the learned Lower Appellate Court justified in passing the Impugned Judgment & Decree without confirming the total ancestral properties of the parties?

ii. Whether the learned Lower Appellate Court justified in passing the Impugned Judgment & Decree in a proceeding of non-joinder of necessary parties?

iii. Whether the Ld. Lower Appellate Court justified in passing the Impugned Judgment & Decree by ignoring the evidence of DW-3 (Sister)?

Any other substantial question of law, those may be formulated at the time of hearing.

Page No.# 4/4

Issue notice to the respondents, returnable within 6(six) weeks.

The learned counsel for the appellants shall take steps for service of notice upon respondent Nos. 1 to 5 by registered post with A/D as well as through usual process, within a 7(seven) days from today.

List the matters after 6 (six) weeks.

JUDGE

Comparing Assistant