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Gauhati High Court
Page No.# 1/6 vs Anabik Gupta And 9 Ors on 19 January, 2026
Page No.# 1/6
GAHC010281992025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/4/2026
TAPAN KR SAHA AND 3 ORS.
S/O LATE SHANTI GOPAL SAHA, PANPATTY, SILCHAR- 1, DISTRICT-
CACHAR, ASSAM.
2: DIPAK ROY
S/O LATE HARIPADA ROY
RESIDENT OF CENTRAL ROAD
SILCHAR TOWN
DISRICT- CACHAR
ASSAM
PIN- 788001.
3: TINKU MAZUMDER
S/O LATE HABIBUR RAHMAN MAZUMDER
RESIDENT OF GHANIALAL
NEAR SAMAYIK PRASANGA NEWS PAPER OFFICE
SILCHAR
P.O. AND P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM.
4: MUMINUR RAHMAN MAZUMDER @ SANKU MAZUMDER
S/O LATE HABIBUR RAHMAN MAZUMDER
RESIDENT OF GHANIALAL
NEAR SAMAYIK PRASANGA NEWS PAPER OFFICE
SILCHAR
P.O. AND P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM
VERSUS
ANABIK GUPTA AND 9 ORS.
SON OF LATE ARUNENDU KISHORE GUPTA @ ARUN KUMAR GUPTA AND
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ARE RESIDENT OF PATHERKANDI, VILLAGE- DUHALIA- 5, P.O. AND P.S.-
PATHERKANDI, DISTRICT- SRIBHUMI, ASSAM, PIN- 788724.
2:AMIT GUPTA
SON OF LATE ARUNENDU KISHORE GUPTA @ ARUN KUMAR GUPTA AND
ARE RESIDENT OF PATHERKANDI
VILLAGE- DUHALIA- 5
P.O. AND P.S.- PATHERKANDI
DISTRICT- SRIBHUMI
ASSAM
PIN- 788724.
3:BIKASH RANJAN SHEE
SON OF LATE BHUPENDRA KUMAR SHEE AND ARE RESIDENT OF
HOSPITAL ROAD
OPPOSITE LAXMI NARAYAN BIBAHA BASAR
P.O. AND P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788005.
4:SMT MANJU SHEE
DAUGHTER OF LATE BHUPENDRA KUMAR SHEE AND ARE RESIDENT OF
HOSPITAL ROAD
OPPOSITE LAXMI NARAYAN BIBAHA BASAR
P.O. AND P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788005.
5:SMT MITALI SHEE
DAUGHTER OF LATE BHUPENDRA KUMAR SHEE AND ARE RESIDENT OF
HOSPITAL ROAD
OPPOSITE LAXMI NARAYAN BIBAHA BASAR
P.O. AND P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788005.
6:ON THE DEATH OF MIRA SHYAM CHOUDHURY
HER LEGAL HEIRS
NAMELY
6.1:BACHASPATI SHYAM CHOUDHURY
HUSBAND OF LATE MIRA SHYAM CHOUDHURY
RESIDENT OF HOUSE NO. 7
JAGAT BANDHU LANE
NATIONAL HIGHWAY
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SILCHAR- 788012
DISTRICT- CACHAR
ASSAM.
6.2:BIPRAJIT SHYAM CHOUDHURY
SON OF LATE MIRA SHYAM CHOUDHURY
ARE RESIDENT OF HOUSE NO. 7
JAGAT BANDHU LANE
NATIONAL HIGHWAY
SILCHAR- 788012
DISTRICT- CACHAR
ASSAM.
6.3:SMT BORNALI DHAR
DAUGHTER OF LATE MIRA SHYAM CHOUDHURY
ARE RESIDENT OF HOUSE NO. 7
JAGAT BANDHU LANE
NATIONAL HIGHWAY
SILCHAR- 788012
DISTRICT- CACHAR
ASSAM.
7:ALBERT SAHA @ BISWAJIT SAHA
S/O LATE NARAYAN CHANDRA SAHA
RESIDENT OF HOUSE NO. 6
SADHANA MANSION
LANE NO. 5
2ND LINK ROAD
P.O. AND P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788006.
8:SMTI JHUMA SAHA @ POMPA SAHA
D/O LATE NARAYAN CHANDRA SAHA
RESIDENT OF HOUSE NO. 6
SADHANA MANSION
LANE NO. 5
2ND LINK ROAD
P.O. AND P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788006.
9:ON THE DEATH OF MANSUR ALAM MAZUMDER @ MINTU MAZUMDER
HIS LEGAL HEIRS
NAMELY
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9.1:ARPITA MAZUMDER
DAUGHTER OF LATE MANSUR ALAM MAZUMDER @ MINTU MAZUMDER
AND ARE RESIDENT OF GHANIALAL
NEAR SAMAYIK PRASANGA NEWS PAPER OFFICE
SILCHAR
P.O. AND P.S.- SILCHAR
DISTRICT-CACHAR
ASSAM
9.2:ANKITA MAZUMDER
DAUGHTER OF LATE MANSUR ALAM MAZUMDER @ MINTU MAZUMDER
AND ARE RESIDENT OF GHANIALAL
NEAR SAMAYIK PRASANGA NEWS PAPER OFFICE
SILCHAR
P.O. AND P.S.- SILCHAR
DISTRICT-CACHAR
ASSAM
9.3:ANUSKA MAZUMDER
DAUGHTER OF LATE MANSUR ALAM MAZUMDER @ MINTU MAZUMDER
AND ARE RESIDENT OF GHANIALAL
NEAR SAMAYIK PRASANGA NEWS PAPER OFFICE
SILCHAR
P.O. AND P.S.- SILCHAR
DISTRICT- CACHAR
ASSAM
10:ON THE DEATH OF SAHANAJ MAZUMDER @ SUSHMITA MAZUMDER
HER LEGAL HEIRS
NAMELY
10.1:SUBRATA BHATTACHARJEE
HUSBAND OF LATE SAHANAJ MAZUMDER @ SUSHMITA MAZUMDER
AND ARE RESIDENT OF C/O MR. GURUMUKH SINGH
17/1A MIDDLE ROAD
KOLKATA- 14
WEST BENGAL.
10.2:SONAL BHATTACHARJEE
DAUGHTER OF LATE SAHANAJ MAZUMDER @ SUSHMITA MAZUMDER
AND ARE RESIDENT OF C/O MR. GURUMUKH SINGH
17/1A MIDDLE ROAD
KOLKATA- 14
WEST BENGAL
Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY
Advocate for the Respondent : MR. S D PURKAYASTHA (FOR CAVEATOR), J P BAISHYA (FOR
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CAVEATOR),MR. A CHOUDHURY (FOR CAVEATOR)
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 19.01.2026
1. Heard Mr. D. Chakrabarty, learned counsel for the petitioners. Also
heard Mr. S. D. Purkayastha, learned counsel for the respondent Nos. 1 and
2/Caveator.
2. This application under Section 115 of the Code of Civil Procedure,
1908 has been preferred by the petitioners impugning the judgment dated
11.11.2025 and decree dated 14.11.2025 respectively passed by the Court of
learned Civil Judge (Senior Division) No. 2, Cachar, Silchar in Title Appeal No.
30/2004 arising out of Title Suit No. 37/1991 whereby the appeal filed by the
present petitioners was dismissed and the decree of the Trial Court was upheld.
3. Let the notice be issued.
4. Since, Mr. S. D. Purkayastha, learned counsel has appeared for the
respondent Nos. 1 and 2, no formal notice need to be issued against the
said respondents.
5. As against the respondent Nos. 3 to 10 are concerned, it is
submitted by the learned counsel for the petitioners that they were
also the defendants in the title suit and have not preferred any appeal
against the decree passed against them and, therefore, the judgment
and decree passed against them have attained finality. He further
submits that their presence may not be necessary for disposal of the
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instant revision petition and, therefore, he prays for dispensing with
the notice to them.
6. The prayer is allowed.
7. Let the scanned copy of the records of Title Appeal No. 30/2004
and records of Title Suit No. 37/1991 be called for from the respective Courts.
8. List this matter again in the admission hearing column on 26 th of
February, 2026.
JUDGE
Comparing Assistant
