Usman Gani vs Bikash Baroi And Anr
2025 Latest Caselaw 7756 Gua

Gauhati High Court

Usman Gani vs Bikash Baroi And Anr on 13 October, 2025

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GAHC010220282025




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

                                  Case No. : RSA/167/2025

            USMAN GANI
            S/O- LATE ISRAFIL, R/O- VILL AND PO- OLIVIACHERRA TEA ESTATE, PS
            RATABARI, DIST- SRIBUMI, ASSAM, PIN 788737



            VERSUS

            BIKASH BAROI AND ANR
            S/O- LATE HANSH NARAYAN BAROI, R/O- VILL- PO- OLOVICHERRA TEA
            ESTATE, PS RATABARI, DIST SRIBHUMI, ASSAM, PIN 788737

            2:THE MANAGER
             GOMBHIRA TEA ESTATE
             PO- OLIVIA CHERRA
             PS RATABARI
             DIST- SRIBHUMI
            ASSAM
             PIN- 78873

Advocate for the Petitioner   : MR H R A CHOUDHURY, MS S DAS,MR F U BARBHUIYA

Advocate for the Respondent : ,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

13.10.2025

1. Heard Mr. F.U. Barbhuiya, the learned counsel for the appellant.

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2. This appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the appellant, namely, Usman Gani, impugning the judgment and decree dated 16.08.2025, passed in Title Appeal No. 16/2024, by the Court of the learned Civil Judge (Senior Division), Sribhumi, whereby, it upheld the judgment and decree dated 10.05.2024 and 13.05.2024 respectively, passed by the Trial Court, i.e. the Court of the learned Civil Judge (Junior Division No. 1), Karimganj, in respect of Title Suit No. 187/2011.

3. After perusing the materials available on record, and hearing the learned counsel for the appellant, following substantial question of law is formulated in this case:-

(a) Whether the judgment and decree, passed by the First Appellate Court and the Trial Court are perverse to the extent that while reaching at the conclusion, it did not consider the evidence tendered by the defendant No. 1 (appellant herein)?

4. Issue notices to the respondents.

5. The appellant shall take steps for issuance of notice upon the respondents by registered post with A/D as well as by usual mode, within

7(seven) days from the date of this order, returnable on 17 th November, 2025.

6. Let the records of the Trial Court as well as the First Appellate Court be requisitioned.

7. Registry to take steps for requisitioning the same.

8. List accordingly.

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JUDGE

Comparing Assistant