Gauhati High Court
Page No.# 1/5 vs Paban Borkotoky And 6 Others on 28 July, 2025
Page No.# 1/5
GAHC010128892025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/109/2025
SANDEEP KHANDALIA
S/O. LT. KESWARDEV KHANDALIA, R/O. TEMPLE ROAD, MAHABIR STORE,
MOUZA-NAGAR MOHAL, P/O, P/S. AND DIST. SIVASAGAR, ASSAM
2: SURESHA AGARWALLA
S/O. LT. TARACHAND AGARWALLA
R/O. SONARI TOWN
MOUZA- ABHAIPUR
DIST. CHARAIDEO
ASSA
VERSUS
PABAN BORKOTOKY AND 6 OTHERS
S/O. SOMESWAR BORKOTOKY, R/O. ABHOIPHOTIA GAON, P/O.
AKHOIHOTIA, MOUZA-BETBARI, P/S. AND DIST. SIVASAGAR, ASSAM
2:SANJIB PODDAR
S/O. SRI RAMBALAK PODDAR
R/O. B.G. ROAD
WARD NO. 11
SIVASAGAR TOWN
MOUZA- NAGAR NOHAL
P/S. AND DIST. SIVASAGAR
3:RAMBALAK PODDAR
S/O. BHATU PODDAR
P/O. B.G. RAOD
WARD NO. 11
SIVASAGAR TOWN
MOUZA- NAGAR NOHAL
P/S. AND DIST. SIVASAGAR
4:PRITI LAL THAPA
Page No.# 2/5
S/O. LT. PREMBAHADUR THAPA
R/O. DEMOW DHAIBARI
MOUZA- THOWRA
P/S. DEMOW
DIST. SIVASAGAR
ASSAM.
5:SANTI THAPA
W/O. SRI TAPAN SHARMA
R/O. KHATAPATHAR
MOUZA- BETBARI
P/S. AND DIST. SIVASAGAR
ASSAM
6:KANTI THAPA
W/O. SRI KARNA NATH
R/O. KHATAPATHAR
P/S. AND DIST. SIVASAGAR
ASSAM.
7:MONTI THAPA
D/O. LT. PREMBAHADUR THAPA
R/O. KHATAPATHAR
P/S. AND DIST. SIVASAGAR
ASSAM
Advocate for the Petitioner : MR. M HASSAN, MR B SHARMA
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/2322/2025
SANDEEP KHANDALIA
S/O. LT. KESWARDEV KHANDALIA
R/O. TEMPLE ROAD
MAHABIR STORE
MOUZA-NAGAR MOHAL
P/O
P/S. AND DIST. SIVASAGAR
ASSAM
2: SURESHA AGARWALLA
S/O. LT. TARACHAND AGARWALLA
Page No.# 3/5
R/O. SONARI TOWN
MOUZA- ABHAIPUR
DIST. CHARAIDEO
ASSAM
VERSUS
PABAN BORKOTOKY AND 6 OTHERS
S/O. SOMESWAR BORKOTOKY
R/O. ABHOIPHOTIA GAON
P/O. AKHOIHOTIA
MOUZA-BETBARI
P/S. AND DIST. SIVASAGAR
ASSAM
2:SANJIB PODDAR
S/O. SRI RAMBALAK PODDAR
R/O. B.G. ROAD
WARD NO. 11
SIVASAGAR TOWN
MOUZA- NAGAR NOHAL
P/S. AND DIST. SIVASAGAR
3:RAMBALAK PODDAR
S/O. BHATU PODDAR
P/O. B.G. RAOD
WARD NO. 11
SIVASAGAR TOWN
MOUZA- NAGAR NOHAL
P/S. AND DIST. SIVASAGAR
4:PRITI LAL THAPA
S/O. LT. PREMBAHADUR THAPA
R/O. DEMOW DHAIBARI
MOUZA- THOWRA
P/S. DEMOW
DIST. SIVASAGAR
ASSAM.
5:SANTI THAPA
W/O. SRI TAPAN SHARMA
R/O. KHATAPATHAR
MOUZA- BETBARI
P/S. AND DIST. SIVASAGAR
ASSAM
6:KANTI THAPA
W/O. SRI KARNA NATH
R/O. KHATAPATHAR
Page No.# 4/5
P/S. AND DIST. SIVASAGAR
ASSAM.
7:MONTI THAPA
D/O. LT. PREMBAHADUR THAPA
R/O. KHATAPATHAR
P/S. AND DIST. SIVASAGAR
ASSAM.
------------
Advocate for : MR. M HASSAN
Advocate for : appearing for PABAN BORKOTOKY AND 6 OTHERS
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
28.07.2025
Heard Mr. B. Sharma, learned counsel for the appellants.
This appeal under Section 100 of the CPC is directed against the judgment and
decree dated 13.03.2025 passed by the learned Civil Judge (Sr. Div.), Sivasagar, (the
first Appellate Court hereinafter) in Title Appeal No. 04/2023.
It is to be here noted that vide impugned judgment and decree, dated
13.03.2025, the first Appellate Court had allowed the appeal and thereby set aside the
judgment, dated 28.11.2022, and decree dated 09.12.2022, passed by the learned
Munsiff No. 1, Sivasagar [Civil Judge (Jr. Div.) No. 1, Sivasagar] (Trial Court
hereinafter) in Title Suit No. 64/2013, whereby the original suit of the
appellants/plaintiffs was set aside and the matter was remanded back for fresh
disposal of the Title Suit.
Perused the memo of the appeal as well as the grounds mentioned therein and
also perused the suggested substantial questions of law and the impugned judgment
and decree dated 13.03.2025 passed by the learned First Appellate Court in Title
Appeal No. 04/2023 and also the judgment dated 28.11.2022 and the decree dated
09.12.2022 passed by the learned Trial Court.
Page No.# 5/5
This second appeal is admitted on the following substantial question of law:-"
(i) " Whether the impugned judgment and decree so passed
by the learned First Appellate Court dated 13.03.2025 in
Title Appeal No. 04/2023, suffers from perversity for
being passed in contravention of Section 99 of the Code of
Civil Procedure and also the Order V Rules 17 and 20 of
the Code of Civil Procedure, holding that service of
notice upon the proforma dependants were duly effected
through publication in a Newspaper, as per the order dated
11.09.2014, and proved by Exhibit 16, and consequent
proceeding ex-parte against them, vide order dated
26.11.2014, when the present defendants/ respondents
herein were in no way prejudiced by the said order?"
Let Notice be issued to the respondents, returnable in 4 (four) weeks.
Steps be taken by registered post with A/D and also by usual process, within a
week from today.
Registry shall call for the records from the learned Courts below.
List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
