Gauhati High Court

Soma Deb @ Soma Paul vs Sib Sankar Singh And 6 Ors on 15 May, 2025

Page No.# 1/4

GAHC010193582023

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

Case No. : RSA/156/2023

SOMA DEB @ SOMA PAUL
W/O CHIRANJIT PAUL,
D/O LATE DINESH DEB AND LATE PUSHPA DEB,
A RESIDENT OF CHINMOY ROAD BYE LANE, SHIBBARI ROAD, TARAPUR,
SILCHAR, P.O.- TARAPUR SUB OFFICE, P.S.- SILCHAR, PIN- 788003, DIST.-
CACHAR, ASSAM.

VERSUS

SIB SANKAR SINGH AND 6 ORS.
S/O LATE DAL @ DHAL SINGER SINGH,
R/O SHIBBARI ROAD, TARAPUR, SILCHAR, P.O.- TARAPUR SUB OFFICE,
P.S.- SILCHAR, PIN- 788003, DIST.- CACHAR, ASSAM.

2:SUDIP KUMAR SINGH
S/O SIB SANKAR SINGH

R/O SHIBBARI ROAD
TARAPUR
SILCHAR
P.O.- TARAPUR SUB OFFICE
P.S.- SILCHAR
PIN- 788003
DIST.- CACHAR
ASSAM.

3:STRUCK OFF.
VIDE HON'BLE COURT'S ORDER DTD. 23/09/2024 PASSED IN RSA
NO.156/2023.

4:DILIP SINGH
S/O SIB SANKAR SINGH
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R/O SHIBBARI ROAD
TARAPUR
SILCHAR
P.O.- TARAPUR SUB OFFICE
P.S.- SILCHAR
PIN- 788003
DIST.- CACHAR
ASSAM.

5:SANJIB SINGH
S/O SIB SANKAR SINGH

R/O SHIBBARI ROAD
TARAPUR
SILCHAR
P.O.- TARAPUR SUB OFFICE
P.S.- SILCHAR
PIN- 788003
DIST.- CACHAR
ASSAM.

6:SHEWANAND SINGH
S/O SIB SANKAR SINGH

R/O SHIBBARI ROAD
TARAPUR
SILCHAR
P.O.- TARAPUR SUB OFFICE
P.S.- SILCHAR
PIN- 788003
DIST.- CACHAR
ASSAM.

7:PARBATI SINGH
D/O SIB SANKAR SINGH

R/O SHIBBARI ROAD
TARAPUR
SILCHAR
P.O.- TARAPUR SUB OFFICE
P.S.- SILCHAR
PIN- 788003
DIST.- CACHAR
ASSAM

Advocate for the Petitioner : MR. S D PURKAYASTHA,
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Advocate for the Respondent : MRS. S ROY (r-1,2,4,5,6,7), MS A DAS (r-1,2,4,5,6,7)

BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

15.05.2025

1. Heard Mr. S.D. Purkayastha, the learned counsel for the appellant, who submits that though he has made his submissions in this appeal, however, on the basis of the facts and materials on record, an additional substantial question(s) of law is required to be formulated, namely, "whether plaintiff's suit for recovery of possession without seeking declaration of right, title and interest over the suit property is maintainable, when the defendants specifically deny the title of the plaintiffs and claimed adverse possession against the third party owner and consequently, whether the impugned judgments are sustainable in law?"

2. On this, Ms. S. Roy, the leaned counsel submits that she requires some time to place her submissions that such a substantial question(s) of law is not involved in this case.

3. The prayer is allowed.

4. The learned counsel for both the parties were earlier requested to submit written gist of their argument, which they submits that are almost prepared and on completion of oral arguments, they will submit their written gist.

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5. The prayer is allowed.

6. List this matter again on 29.05.2025, as a part-heard matter.

JUDGE

Comparing Assistant