Page No.# 1/3 vs Habibar Rahman
2025 Latest Caselaw 8048 Gua

Gauhati High Court

Page No.# 1/3 vs Habibar Rahman on 27 October, 2025

                                                                         Page No.# 1/3

GAHC010178752025




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

                                  Case No. : RSA/178/2025

            HASHEM ALI @ ABDUL HASHEM AND 2 ORS.
            S/O LATE HUSSEN ALI, R/O VILL- MANIKPUR, MOUZA-TITAPANI, DIST-
            BARPETA, ASSAM

            2: ABDUL GANI
             S/O LATE HUSSEN ALI
             R/O VILL- MANIKPUR
             MOUZA-TITAPANI
             DIST- BARPETA
            ASSAM

            3: SAFIUR RAHMAN
             S/O LATE HUSSEN ALI
             R/O VILL- MANIKPUR
             MOUZA-TITAPANI
             DIST- BARPETA
            ASSA

            VERSUS

            HABIBAR RAHMAN
            S/O LATE HUSSEN ALI, R/O VILL- MANIKPUR, MOUZA-TITAPANI, DIST-
            BARPETA, ASSAM, PIN-781319



Advocate for the Petitioner   : MR. N HAQUE, MR M HUSSAIN,MR. S R BARBHUIYA,MR. A K
AZAD

Advocate for the Respondent : ,
                                                                        Page No.# 2/3

                                     BEFORE

                  HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

27.10.2025

1. Heard Mr. N. Haque, the learned counsel for the appellants.

2. This appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the appellants impugning the judgment and decree, passed on 06.06.2025 and 13.06.2025 respectively by the Court of the learned Civil Judge (Senior Division), Barpeta in Title Appeal No. 38/2023, whereby it allowed the appeal and reverse the judgment of the dismissal of the suit, passed on 13.10.2023 by the Court of the learned Civil Judge (Junior Division) No. 1, Barpeta in Title Suit No. 174/2018.

3. I have considered the submissions made by learned counsel for the appellants and have perused the materials available on record. On consideration of the submissions as well as the materials stated above, following substantial questions of law is formulated in this appeal:-

1. "Whether the impugned judgment and decree passed by the Court of the learned Civil Judge (Senior Division), Barpeta in Title Appeal No. 38/2023 is perverse inasmuch as it declared the right, title and interest of the respondent over the suit land without any document of title or any material showing the title of the respondent over the suit land?"

4. Issue notice to the respondent.

5. The learned counsel for the appellants shall take fresh steps for issuance of notice upon the respondent by speed post within 7(seven) days from the date of this order, returnable after 4(four) weeks.

Page No.# 3/3

6. List accordingly.

JUDGE

Comparing Assistant