Nibedita Yein Pegu vs Chandra Kanta Duarah
2025 Latest Caselaw 7892 Gua

Gauhati High Court

Nibedita Yein Pegu vs Chandra Kanta Duarah on 17 October, 2025

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GAHC010214992025




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

                                Case No. : CRP/140/2025

           NIBEDITA YEIN PEGU
           W/O LAKHINANDAN PEGU, RESIDENT OF HOUSING COLONY ROAD,
           SARATHI PATH, HOUSE NO. 1, P.O HENGRABARI, P.S DISPUR, DISTRICT-
           KAMRUP (M), ASSAM, PIN- 781006

           VERSUS

           CHANDRA KANTA DUARAH
           S/O LATE JIBA KANTA DUARAH, RESIDENT OF HENGRABARI ROAD,
           HOUSE NO. 24, P.O- ASSAM SACHIVALAYA, P.S- DISPUR, DISTRICT-
           KAMRUP (M), ASSAM, PIN- 781006


Advocate for the Petitioner : MR. A R SIKDAR, MS M SARMA,J A SIKDAR,S BARMAN,MD.
H BHUYAN,MR. S I TALUKDAR

Advocate for the Respondent : MR. P MAHANTA (FOR CAVEATOR), V KHAKHALARY (FOR
CAVEATOR),C SARMA (FOR CAVEATOR)


                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

Date : 17.10.2025

1. Heard Mr. A. R. Sikdar, learned counsel for the petitioner. Also heard Ms. P. Saharia, learned counsel for the caveator/respondent.

2. This application under Section 115 of the Code of Civil Procedure, 1908 has been filed by the petitioner impugning the Judgment and Order dated 18.06.2025 Page No.# 2/2

passed in Title Appeal No. 19/2024 by the Court of the learned District Judge, Kamrup(M) whereby the said appeal was dismissed and the judgment and decree passed by the learned Civil Judge (Senior Division) No. 1, Kamrup(M) on 22.03.2022 passed in Title Suit No. 196/2017 was upheld.

3. Since, the learned counsel for the caveator has appeared, no formal notice need to be issued to the respondent.

4. Let the original records of Title Appeal No. 19/2024 be called for from the Court of learned District Judge, Kamrup(M) and also scanned copy of the records of Title Suit No. 196/2017 be called for from the Court of the learned Civil Judge (Senior Division) No. 1, Kamrup(M).

5. List this matter after receipt of the aforesaid records on 13 th of November, 2025.

JUDGE

Comparing Assistant