Smti Sima Narzary @ Sima Rani Narzary vs Pushnath Narzary
2025 Latest Caselaw 1302 Gua

Gauhati High Court

Smti Sima Narzary @ Sima Rani Narzary vs Pushnath Narzary on 21 July, 2025

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GAHC010151362025




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

                                  Case No. : Test.App./7/2025

            SMTI SIMA NARZARY @ SIMA RANI NARZARY
            D/O LT. NIBARAN NARZARY, VILL. AND P.O. NO. 2 MAKTAI GAON, P.S.
            GOSSAIGAON, DIST. KOKRAJHAR, ASSAM, PIN 783360


            VERSUS

            PUSHNATH NARZARY
            S/O LATE BINA RAM NARZARY, A R/O VILL. NO. 2 MAKTAI GAON, P.O.
            KARTIMARI, P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTAD, ASSAM, THE
            EXECUTOR OF THE WILL BEQUEATHED BY THE DECEASED, LT. NIBARAN
            NARZARY


Advocate for the Petitioner   : MR. M U MAHMUD, MS. B CHETIA,MS. D BORA,MR S
ISLAM,MR S H MAHMUD

Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : 21.07.2025

Heard Mr. M. U. Mahmud, learned counsel for the petitioner.

2. This appeal, under Section 229 of the Indian Succession Act, 1925, is directed against the judgment dated 10.06.2025 and decree dated 02.07.2025, passed by the learned District Judge, Kokrajhar in the Testamentary Suit No. Page No.# 2/2

01/2022.

3. It is to be noted here that vide impugned judgment dated 10.06.2025, and decree dated 02.07.2025, the learned District Judge, Kokrjahar in Testamentary Suit No. 01/2022, granted probate of the will dated 28.04.2005 (Ext.1).

4. Perused the memo of appeal and the grounds mentioned therein and also perused the impugned judgment, dated 10.06.2025, and decree dated 02.07.2025.

5. Admit.

6. Issue notice to the respondent, returnable in 4(four) weeks.

7. Steps be taken upon respondent Nos. 2 & 3 by registered post with A/D as well as by usual process within a week from today.

8. Registry shall call for the records from the learned Court below.

9. List the matter after 4(four) weeks.

JUDGE

Comparing Assistant