Gauhati High Court
Page No.# 1/4 vs Md Abdul Goni And Ors on 24 March, 2025
Page No.# 1/4
GAHC010027782025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/30/2025
ABDUL NOOR LASKAR AND ANR
SON OF LATE TAYAB ALI
RESIDENT OF DOBOKA TOWN, WARD NO. 6, PS AND PO DOBOKA, DIST
HOJAI, ASSAM 782440
2: MONUWARA BEGUM LASKAR
WIFE OF ABDUL NOOR LASKAR BOTH ARE RESIDENTS OF DOBOKA
TOWN
WARD NO 6
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 782440
2: MONUWARA BEGUM LASKAR
WIFE OF ABDUL NOOR LASKAR BOTH ARE RESIDENTS OF DOBOKA
TOWN
WARD NO 6
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 78244
VERSUS
MD ABDUL GONI AND ORS
S/O OF MD SAFAR ALI, R/O OF VILIAGE MIKIRATI HAWGAON, POLICE
STATION AND POST OFFICE DOBOKA, DISTRICT HOJAI, ASSAM, PIN
782440
2:MD. OSMAN ALI
S/O OF MD SAFAR ALI
R/O OF VILIAGE MIKIRATI HAWGAON
POLICE STATION AND POST OFFICE DOBOKA
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DISTRICT HOJAI
ASSAM
PIN 782440
3:MUSSTT. PYARUN NESSA
D/O OF MD SAFAR ALI
R/O OF VILIAGE MIKIRATI HAWGAON
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 782440
4:MUSSTT. MAYARUN NESSA
S/O OF MD SAFAR ALI
AND W/O LATE SAMSUL HOQUE
PRESENT RESIDENT OF NAHAR GAON
WARD NO. 6. DOBOKA TOWN
PS AND PO DOBOKA
DIST HOJAI
ASSAM
782440.
PERMANENT RESIDENT OF VILLAGE MIKIRATI HAWGAON
POLICE STATION AND POST OFFICE DOBOKA
DISTRICT HOJAI
ASSAM
PIN 78244
Advocate for the Petitioner : MR ROBIUL HOQUE, MR ROBIUL HOQUE,MRS. R
MOMTAZ,ALHAJJ I UDDIN
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
24.03.2025
Heard Mr. A.I. Uddin, learned counsel for the appellants.
2. This appeal, under Section 100 read with Order XLII of the C.P.C., is
directed against the Judgment and Decree dated 30.10.2024, passed by the
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learned Civil Judge (Senior Division), Hojai, Sankardev Nagar, in Title Appeal No.
05/2022.
3. It is to be noted here that vide Judgment and Decree dated
30.10.2024, passed by the learned Civil Judge (Senior Division), Hojai, Sankardev
Nagar has allowed the appeal and set aside the Judgment and Decree dated
08.04.2022, passed by the learned Munsiff, Hojai, in Title Suit No. 04/2007,
wherein the respondents/plaintiffs suit was dismissed with cost.
4. Perused the memo of appeal as well as the grounds mentioned therein
and also perused the Judgment and Decree dated 30.10.2024, passed by the
learned Civil Judge (Senior Division), Hojai, Sankardev Nagar, in Title Appeal No.
05/2022 and also perused the Judgment and Decree dated 08.04.2022, passed by
the learned Munsiff, Hojai, in Title Suit No. 04/2007.
5. This appeal is admitted on the following substantial question of law :-
"(i) Whether the finding of the learned first appellate
court suffers from perversity for travelling beyond
the pleadings of the plaintiffs and deciding the suit
on the basis of exhibit 'GHA' (registered power of
attorney No. 137 of 2000, dated 29.05.2000, executed
by the principal defendant No. 1 in favour of
Principal defendant No. 2?"
6. The court may also framing of further substantial question of law if
found necessary at the time hearing after giving notice to the parties.
7. Let notice be issued to the respondents, within a week from today,
returnable in 4 weeks, by registered post with A/D and also by usual process.
8. The Registry shall call for the records from the learned trial court as
well as from the learned first appellate court.
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9. List the matter after 4 (four) weeks.
JUDGE
Comparing Assistant
