Gauhati High Court
Phukan Chandra Nath vs Gopal Nath And 13 Ors on 22 January, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/8
GAHC010159652024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/150/2024
PHUKAN CHANDRA NATH
S/O LATE JUPUK CHANDRA NATH
RESIDENT OF HABIBARANGAARI, PO HABIBARANGARI, PS MIKIRBHETA,
DIST MORIGAON, ASSAM 782103
VERSUS
GOPAL NATH AND 13 ORS
S/O LATE SUMESWAR NATH
RESIDENT OF VILLAGE DANDUA, PO DANDUA, PS AND DIST MORIGAON,
ASSAM 782104
2:SMTI KANAKA DEVI
W/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
3:SMTI AMULYA BARUA DEVI
W/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
4:SMTI SAYANIKA DEVI
D/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
Page No.# 2/8
5:SRI MRIDUL NATH
S/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
6:MITHU NATH
S/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
7:SRI ANKUR NATH
S/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
8:SMTI MADHUCHANDRA DEVI
D/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
9:SRI MAYURI DEVI
D/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
10:ON THE DEATH OF UPENDRA NATH
HIS LEGAL HEIRS
SMTI SADHANI DEVI
W/O LATE UPENDRA NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
11:SMTI BEAUTY DEVI
D/O LATE UPENDRA NATH
RESIDENT OF VILLAGE DANDUA
Page No.# 3/8
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
12:SRI RITU NATH
S/O LATE UPENDRA NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
13:SRI RAJEN NATH
S/O LATE UPENDRA NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
14:SRI BABUL NATH
S/O LATE BHABEN NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
15:SRI BALI NATH
S/O LATE BHABEN NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
16:SRI GIRISH NATH
S/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
17:SRI PRAMESHWAR NATH
S/O LATE BHABEN NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 78210
Page No.# 4/8
Linked Case : I.A.(Civil)/2414/2024
PHUKAN CHANDRA NATH
S/O LATE JUPUK CHANDRA NATH RESIDENT OF HABIBARANGAARI
PO HABIBARANGARI
PS MIKIRBHETA
DIST MORIGAON
ASSAM 782103
VERSUS
GOPAL NATH AND 13 ORS
S/O LATE SUMESWAR NATH RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
2:SMTI KANAKA DEVI
W/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
3:SMTI AMULYA BARUA DEVI
W/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
4:SMTI SAYANIKA DEVI
D/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
5:SRI MRIDUL NATH
S/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
Page No.# 5/8
6:MITHU NATH
S/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
7:SRI ANKUR NATH
S/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
8:SMTI MADHUCHANDRA DEVI
D/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
9:SRI MAYURI DEVI
D/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
10:ON THE DEATH OF UPENDRA NATH
HIS LEGAL HEIRS
SMTI SADHANI DEVI
W/O LATE UPENDRA NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
11:SMTI BEAUTY DEVI
D/O LATE UPENDRA NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
12:SRI RITU NATH
S/O LATE UPENDRA NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
Page No.# 6/8
PS AND DIST MORIGAON
ASSAM 782104
13:SRI RAJEN NATH
S/O LATE UPENDRA NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
14:SRI BABUL NATH
S/O LATE BHABEN NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
15:SRI BALI NATH
S/O LATE BHABEN NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
16:SRI GIRISH NATH
S/O GOPAL NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
17:SRI PRAMESHWAR NATH
S/O LATE BHABEN NATH
RESIDENT OF VILLAGE DANDUA
PO DANDUA
PS AND DIST MORIGAON
ASSAM 782104
For the appellant (s) : Mr. D. C. C. Phukan, Advocate
For the respondent (s) : Mr. A. C. Sarma, Sr. Advocate
Mr. G. Bharadwaj, Advocate
Page No.# 7/8
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
22.01.2025
Heard Mr. D. C. C. Phukan, the learned counsel
appearing on behalf of the appellant. Mr. A. C. Sarma, the
learned senior counsel assisted by Mr. G. Bharadwaj, the learned
counsel appears on behalf of the respondent Nos.1 to 9.
2. Taking into account that the respondent Nos.1 to 9 are duly
represented, extra copies of the Memo of Appeal be furnished
upon Mr. G. Bharadwaj, the learned counsel for the respondent
Nos.1 to 9 within 3 (three) days.
3. Mr. D. C. C. Phukan, the learned counsel appearing on
behalf of the appellant submits that the names of the proforma
respondent Nos.10.1, 10.2, 10.3, 10.4, 11, 12, 13 & 14 be struck
off having not contested in the suit and hence their presence is
not necessary in the instant Appeal.
4. Taking into account the above, the names of the proforma
respondent Nos.10.1, 10.2, 10.3, 10.4, 11, 12, 13 & 14 are
struck off.
5. The learned counsel for the appellant is directed to file a
fresh Memo of Parties before the Registry within 7 days and the
Page No.# 8/8
Registry shall do the needful.
5. This is an appeal filed under Section 100 of the Code of Civil
Procedure, 1908 challenging the judgment and decree dated
13.05.2024 passed in Title Appeal No.02/2024.
6. The instant Appeal is admitted by formulating the following
substation question of law:-
(i) Whether the learned Courts below were justified in
dismissing the suit while deciding the Issue No.5 as to
whether the plaintiff has right, title and interest over the
suit land inspite of the fact that the registered Deed of Sale
bearing Deed No.339 dated 06.02.2006 being exhibited and
proved through the writer as well as the witness of the said
Deed of Sale?
7. The Registry is directed to call for the records and
immediately after receipt of the records, let the matter be listed
for hearing in its usual course.
8. Liberty is given to the parties to file appropriate application
for early hearing of the matter.
JUDGE
Comparing Assistant
