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2012 Supreme(Gau) 979

A.K.GOSWAMI
Gajen Das – Appellant
Versus
Legal Heirs of Ramani Kalita – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff:Ms. R. Choudhury, Advocate
For Respondents/Defendant:Mr. A. Khanikar, Advocate

JUDGMENT

A.K. Goswami, J.

1. This is an application under Article 227 of the Constitution of India read with Section 151 CPC challenging the order Mated 12.04.2010 passed by the learned Munsiff, North Salmara, Abhayapuri in Title Suit No. 72 of 2006, whereby the learned Trial Court allowed the petition filed by the plaintiff under Order 18 Rule 4 (2) CPC, Section 138 of the Evidence Act, read with Section 151 CPC praying for allowing re-examination of PW-2, Smti Joymati Roy. The plaintiff filed a Title Suit for declaration of right, title and interest and confirmation of possession in respect of 1 Bigha of land with Dag No. 48, under old Khatian No. 52, new Khatian No. 2, Village-Deohati Part-I, Circle Sub-Division- North Salmara, District-Bongaigaon with boundaries described in Schedule C to the plaint with a further prayer that if the defendants consolidate their possession and start residing in the suit land, a decree for recovery of khas possession of the suit land by evicting the defendants together with demolition of the construction raised by the defendants be passed. Decree for permanent injunction restraining the defendants and their servants, etc. from trespassing into the



























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