Gauhati High Court
Page No.# 1/3 vs Mayjan Nessa on 30 July, 2025
Page No.# 1/3
GAHC010105762025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/84/2025
LEGAL REPRESENTATIVES HEIRS OF LATE HAFIZ UDDIN (1) EUNUS ALI @
EUNUS ALI AHMED
SON OF LATE HAFIZ UDDIN
2: MONIRUDDIN @ MONIRUDDIN AHMED
SON OF LATE HAFIZ UDDIN
3: SHARIFUN NESSA
D/O LATE HAFIZ UDDIN
WIFE OF LATE OSHAN ALI
4: HALIMA KHATUN
D/O LATE HAFIZ UDDIN
WIFE OF LATE SAYED AHMED
ALL ARE RESIDENT OF VILLAGE KALGACHIA
P/S. SORBHOG
MOUZA- RUPSI
DIST. BARPETA
ASSA
VERSUS
MAYJAN NESSA
WIFE OF ALI AKBAR, RESIDENT OF VILLAGE - KALGACHIA, P/S.
SORBHOG, MOUZA-RUPSI, DIST. BARPETA, ASSAM, PIN-781319.
Advocate for the Petitioner : MR. A K AZAD, MR M HUSSAIN,MR. N HAQUE,MR. S R
BARBHUIYA
Advocate for the Respondent : ,
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
30.07.2025
Heard Mr. P.K. Roychoudhury, learned counsel for the appellants.
2. This appeal, under Section 100 of the CPC, is directed against the
judgment dated 21.12.2024 and decree dated 02.01.2025, passed by the
learned Civil Judge (Senior Division), Barpeta (first appellate court hereinafter),
in Title Appeal No. 33/2017.
3. It is to be noted here that vide judgment dated 21.12.2024 and decree
dated 02.01.2025, the learned first appellate court had dismissed the appeal
and affirmed the judgment and decree dated 28.03.2017, passed by the learned
Munsiff No. 2, Barpeta (trial court hereinafter), in Title Suit No. 111/2009.
4. It is also to be noted here that vide judgment and decree dated
28.03.2017, the learned trial court had decreed the suit of the plaintiff.
5. Perused the memo of appeal as well as the grounds mentioned therein
and also perused the impugned judgment dated 21.12.2024 and decree dated
02.01.2025, passed by the learned first appellate court and also perused the
judgment and decree dated 28.03.2017, passed by the learned trial court.
6. This second appeal is admitted on the following substantial question of
law :-
"(i) Whether the impugned judgment and decree, so passed by
the learned courts below, refusing to grant relief in
respect of right, title and interest of the counter-
claimant over the Schedule - X1 and X2 land (out of
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Schedule - X land) of the counter-claim, filed under
Order 8 Rule 6A of the CPC, in spite of recording a
finding that the counter-claimant has right, title and
interest over the Schedule - X1 and X2 land of the
counter-claim suffers from perversity?"
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 respondent, 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
