Sadhana Nag vs Usha Rani Nag
2025 Latest Caselaw 8863 Gua

Gauhati High Court

Sadhana Nag vs Usha Rani Nag on 25 November, 2025

                                                                         Page No.# 1/2

GAHC010254222025




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

                                  Case No. : RSA/201/2025

            SADHANA NAG
            RESIDENT OF EAST CHOWKIDINGHEE NEAR SASHAN, P.O AND P.S.
            DIBRUGARGH, DISTRICT- DIBRUGARH, ASSAM PIN 786003, ASSAM.

            VERSUS

            USHA RANI NAG
            WIFE OF LATE.BADAL NAG, RESIDENT OF EAST CHOWKINDINGHEE
            NEAR SASHAN, P.O AND P.S DIBRUGARH, DISTRICT-DIBRUGARH, PIN
            786003. ASSAM.


Advocate for the Petitioner   : MR. K R BOROOAH,

Advocate for the Respondent : ,


                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 25.11.2025

1. Heard Mr. K. R. Borooah, learned counsel for the appellant.

2. This appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the appellant impugning the judgment and order dated 22.08.2025 passed by the Court of learned Civil Judge (Senior Division), Dibrugarh, Assam in Title Appeal No. 10/2022 whereby it affirmed the judgment and decree dated 04.07.2022 passed by the learned Munsiff No. 1, Dibrugarh in Page No.# 2/2

Title Suit No. 6/2016 whereby the Trial Court had decreed the suit of the respondent.

3. After going through the memo of appeal as well as after consideration the submissions made by the learned counsel for the appellant, following substantial question of law is formulated in this appeal:-

"Whether the First Appellate Court and Trial Court committed perversity in holding that the respondent has the right, title and interest over the suit property without the respondent being able to adduce any evidence in lawful failed to prove the sale deed legally and only exhibited the same as PW-1. Further, whether the Trial Court as well as the First Appellate Court committed perversity in holding that the suit is not barred by limitation without therebeing any evidence regarding right, title and interest of the respondent which has been proved legally by him during the trial".

4. Issue notice to the respondent.

5. The appellant shall take steps for issuance of notice upon the respondent by speed post as well as by usual mode within seven days from the date of this order, returnable after four weeks.

6. Let also the records of Trial Court as well as First Appellate Court be called for.

7. The Registry to take steps for requisitioning the aforesaid records.

8. List accordingly.

JUDGE

Comparing Assistant