Saroj Devi Bahety vs Abdul Latif
2025 Latest Caselaw 4509 Gua

Gauhati High Court

Saroj Devi Bahety vs Abdul Latif on 26 March, 2025

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GAHC010190002023




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

                                   Case No. : RSA/34/2025

             SAROJ DEVI BAHETY
             W/O SRI NARAYAN BAHETY,
             RESIDENT OF PARBATIA NEW COLONY, PO PS AND DIST TINSUKIA
             ASSAM 786125

             VERSUS

             ABDUL LATIF
             S/O LATE BACHA MIYA,
             RESIDENT OF HEBEDA ROAD, PO PS AND DIST TINSUKIA, ASSAM

Advocate for the Petitioner   : MR R SENSUA, G KAUSHIK,M. A. OASIS

Advocate for the Respondent :

                                         BEFORE
                      HON'BLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

26.03.2025 Heard Mr R Sensua, learned counsel for the appellant.

This appeal under Section 100, read with Order XLI Rule 27, read with Section 151 of the Code of Civil Procedure, is directed against the Judgment and Decree dated 07.07.2023, passed by the learned Additional District Judge (FTC No. 2), Tinsukia, in Title Appeal No. 02/2017.

2. It is to be noted here that vide Judgment and Decree dated 07.07.2023, the Page No.# 2/2

learned first appellate Court has affirmed the Judgment dated 28.02.2017 and decree dated 04.03.2017, passed by the learned Civil Judge, Tinsukia, in Title Suit No. 02/2011.

3. Perused the memo of appeal and the grounds mentioned therein and also perused the suggested substantial questions of law and also perused the impugned Judgment and Decree dated 07.07.2023, passed by the learned first appellate Court and also the Judgment dated 28.02.2017 and Decree dated 04.03.2017, passed by the learned Civil Judge, Tinsukia, in Title Suit No. 02/2011.

4. This second appeal is admitted on the following substantial questions of law:-

i) Whether the learned first appellate Court was justified in deciding the application No. 1917/2018, filed under Order XLI Rule 27 of the Code of Civil Procedure, against the appellant at the time of passing the final Judgment and Decree dated 07..07.2023.

5. This Court may also consider framing further substantial questions of law, if found necessary at the time of hearing, after giving notice to both the parties.

6. Let a notice be issued to the respondent, returnable in 4 (four) weeks.

7. Steps be taken by registered post with A/D and also by usual process, within a week from today.

8. Registry shall call for the records from the learned Courts below.

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

JUDGE

Comparing Assistant