Gauhati High Court
Page No.# 1/6 vs Krishna Bahadur Chakri And 6 Ors on 24 March, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010276802024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/7/2025
RAJIB CHARKI @ RAJIB SARKI AND 13 ORS
S/O MAYA CHARKI AND DAL BAHADUR SARKI @ DAL BAHADUR
CHARKI,
RESIDENT OF VILLAGE BORGHAT JARANI, PS TEZPUR, PO
KHALIHAMARI, DIST SONITPUR, ASSAM, 784026
2: RANJIV CHARKI @ RANJIV SARKI
S/O MAYA CHARKI AND DAL BAHADUR SARKI @ DAL BAHADUR
CHARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
3: SMTI RAJANI CHARKI @ SMTI RAJANI CHARKI
D/O MAYA CHARKI AND DAL BAHADUR SARKI @ DAL BAHADUR
CHARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
4: SMTI RITA DEVI
D/O LATE BUDHIMAN CHARKI @ BUDHIMAN SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
Page No.# 2/6
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
5: SMTI LAKSHMITA DEVI
D/O LATE BUDHIMAN CHARKI @ BUDHIMAN SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
6: GITA DEVI
W/O KARNA BAHADUR CHARKI @ KARNA BAHADUR SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
7: SMTI NIRUMAYA DEVI
D/O DHAN SINGH CHARKI @ DHAN SINGH SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
8: DAL BAHADUR CHARKI @ BAL BAHADUR SARKI
S/O LATE RUDRABIR CHARKI @ RUDRABIR SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
9: SRI PUSPA CHARKI @ SRI PUSPA SARKI
S/O TANKE CHARKI @ TANKE SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
Page No.# 3/6
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
10: SRI SURJYA BAHADUR CHAKRI @ SURJYA BAHADUR SARKI
S/O LATE MON BAHADUR CHARKI @ MON BAHADUR SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
11: SRI PADMALAL CHARKI @ PADMALAL SARKI
S/O LATE RUDRABIR CHARKI @ RUDRABIR SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
12: SRI GUDDU CHARKI @ GUDDU SARKI
S/O LATE PADMALAL CHARKI @ PADMALAL SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
13: SRI NAGESH CHARKI @ NAGESH SARKI
S/O LATE PADMALAL CHARKI @ PADMALAL SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
784026
14: BIKRAM CHARKI @ BIKRAM CHARKI
S/O LATE MON BAHADUR CHARKI @ MON BAHADUR SARKI
RESIDENT OF VILLAGE BORGHAT JARANI
Page No.# 4/6
PS TEZPUR
PO KHALIHAMARI
DIST SONITPUR
ASSAM
78402
VERSUS
KRISHNA BAHADUR CHAKRI AND 6 ORS
S/O LATE PRITHIMAN CHAKRI
RESIDENT OF VILLAGE BORGHAT JARANI, PO KHALIHAMARI, MOUZA
GOROIMARI, DIST SONITPUR, ASSAM 784026
2:SMTI MONI MAYA DEVI
W/O SRI INDRA KUMAR CHAKRI
RESIDENT OF VILLAGE BORGHAT JARANI
PO KHALIHAMARI
MOUZA GOROIMARI
DIST SONITPUR
ASSAM 784026
3:SMTI NILU MAYA CHAKRI
D/O LATE KARNA MAYA CHAKRI RESIDENT OF VILLAGE BORGHAT
JARANI
PO KHALIHAMARI
MOUZA GOROIMARI
DIST SONITPUR
ASSAM 784026
4:SMTI JANKI KUMARI CHAKRI
D/O LATE KARNA MAYA CHAKRI
RESIDENT OF VILLAGE BORGHAT JARANI
PO KHALIHAMARI
MOUZA GOROIMARI
DIST SONITPUR
ASSAM 784026
5:SMTI SANJU CHAKRI
S/O LAE KARNA MAYA CHAKRI
RESIDENT OF VILLAGE BORGHAT JARANI
PO KHALIHAMARI
MOUZA GOROIMARI
DIST SONITPUR
ASSAM 784026
Page No.# 5/6
6:SMTI RUNCHI DEVI
D/O LATE TONE CHAKRI
RESIDENT OF VILLAGE BORGHAT JARANI
PO KHALIHAMARI
MOUZA GOROIMARI
DIST SONITPUR
ASSAM 784026
7:MD. SARFAT ALI
S/O ROWSHAN ALI
RESIDENT OF VILLAGE BORGHAT JARANI
PO KHALIHAMARI
MOUZA GOROIMARI
DIST SONITPUR
ASSAM 78402
For the Appellant(s) : Mr. R.P. Sarman, Sr. Advocate
Mr. N.N. Upadhaya, Advocate
For the Respondent(s) : Mr. S. Biswas, Advocate
Ms. D. Devi, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 24.03.2025
Heard Mr. R.P. Sarmah, the learned Senior Counsel assisted by Mr.
N.N. Upadhaya, the learned counsel appearing on behalf of the
appellants.
2. This is an appeal under Section 100 of the Code of Civil Procedure,
1908 challenging the judgment and decree dated 26.09.2024 passed by
the learned Civil Judge (Senior Division), Sonitpur, Tezpur (hereinafter
referred to as, "the learned First Appellate Court") in Title Appeal No.
28/2018 whereby the appeal was allowed thereby setting aside the
Page No.# 6/6
judgment and decree dated 16.12.2017 passed by the learned Munsiff
No. 1, Sonitpur at Tezpur in Title Suit No. 63/2004.
3. The instant appeal is admitted on the following substantial question
of law:
Whether the learned First Appellate Court was justified in coming to
a finding that the principles of res-judicata shall not apply on the
ground that the Second Appeal against the judgment and order
dated 24.09.1998 passed in Title Appeal No. 32/1995 was
withdrawn?
4. Call for the records.
5. Taking into account that Mr. S. Biswas, the learned counsel appears
on behalf of the respondent Nos. 1 to 6, extra copies of the memo of
appeal be served upon him within 2 (two) days.
6. As regards the respondent No. 7, the appellants are directed to take
steps by way of Registered Post with A/D as well as through usual
process within 3 (three) days.
7. Liberty is given to both the parties to file appropriate application for
early hearing upon receipt of the records.
JUDGE
Comparing Assistant
