Page No.# 1/3 vs Abdus Samad And 3 Ors
2025 Latest Caselaw 1371 Gua

Gauhati High Court

Page No.# 1/3 vs Abdus Samad And 3 Ors on 22 July, 2025

                                                                    Page No.# 1/3

GAHC010096362025




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

                             Case No. : RSA/91/2025

          NASIR HUSSAIN AND ANR
          S/O LT SAHADAT HUSSAIN

          2: SHANTI UDDIN SHEIKH
           S/O LATE ISMAIL HUSSAIN
          ALL ARE R/O VILL. KAZIPARA PART-I
           CHAPAR
           P.O. CHAPAR
           DIST. DHUBRI
          ASSAM
           PIN 78337

          VERSUS

          ABDUS SAMAD AND 3 ORS
          S/O LATE FOYJUDDIN MUNSHI

          2:HALIM SHEIKH
           S/O LATE FOYJUDDIN MUNSHI

          3:BULU KHATUN
           D/O LATE FOYJUDDIN MUNSHI

          4:SARA BEWA
           D/O LATE FOYJUDDIN MUNSHI
          ALL ARE OF CHAPAR BAZAR
          WARD NO. 2
           KAZIPARA
           P.O. CHAPAR
           DHUBRI (ASSAM)
           P.IN 78337

Advocate for the Petitioner : MS. R CHOUDHURY, MD. MEMON AHMED,MS. B. HAZARIKA
Advocate for the Respondent : ,
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                                    BEFORE
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                    ORDER

22.07.2025

Heard Ms. R. Choudhury, learned counsel for the appellants.

2. This appeal, under Section 100 read with Order XLII Rule 1 of the CPC, is directed against the judgment and decree dated 25.02.2025, passed by the learned Additional District Judge, Dhubri (first appellate court hereinafter), in Title Appeal No. 05/2023.

3. It is to be noted here that vide judgment and decree dated 25.02.2025, the learned first appellate court had reversed the judgment and decree dated 25.01.2017, passed by the learned Civil Judge (Senior Division), Dhubri (trial court hereinafter), in Title Suit No. 21/2023.

4. It is also to be noted here that vide judgment and decree dated 25.01.2017, the learned trial court had decreed the suit of the plaintiffs/appellants herein allowing a money decree of Rs. 2,50,000/- along with interest @ 8% per annum from 18.10.2010, till payment.

5. Perused the memo of appeal as well as the grounds mentioned therein and also perused the impugned judgment and decree dated 25.02.2025, passed by the learned first appellate court and also perused the judgment and decree dated 25.01.2017, passed by the learned trial court.

6. This second appeal is admitted on the following substantial question of law :-

"Whether the impugned judgment and decree, so passed by the Page No.# 3/3

learned first appellant court, suffers from perversity on account of incorrect appreciation of Section 16(c) of the Specific Relief Act, 1963?"

7. The court may also consider framing of further substantial question of law, if found necessary, at the time of hearing of the appeal, after notifying both the parties.

8. Let notice be issued to the respondents, within a week from today, by registered post with A/D and also by usual process, returnable in 4 weeks.

9. The registry shall call for the records from the learned courts below.

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

JUDGE Comparing Assistant