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2004 Supreme(Gau) 620

BIPLAB KUMAR SHARMA
Mahtab Ahmed – Appellant
Versus
Hira Hussain – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A. Das and D. Das, Advs.
For Respondents/Defendant: A. Sarma and M. Sarma, Advs.

Judgment :

B.K. Sharma, J.

1. This revision application is directed against the order dated 15.10.2004 and 2.12.2004 passed by the learned Civil Judge (Junior Division) No. 1 Jorhat, in Title Execution Case No. 19/2004 dismissing the application filed by the judgment debtors petitioners.

2. Heard Mr. D. Das, learned Counsel for the petitioners and Mr. A. Sarma, learned Counsel for the respondents.

3. The present proceeding is in respect of the title suit being Title Suit No. 63/1980 which was instituted by Late Salima Khatun during her lifetime for declaration of right, title and interest over and also for recovery of Khas possession of the suit property. The respondents are the legal heirs of Late Salima Khatun. The title suite was decreed in favour of the plaintiff. Being aggrieved, the defendant Late Tamijuddin Ahmed preferred Title Appeal No. 52/82 which was also dismissed. The Second Appeal being S.A. No. 100/85 was also dismissed by this Court Judgment and Order dated 7.8.1992.

4. The petitioners are the legal heirs of Late Tamijuddin. According to them, they were not aware about the pendency of the aforesaid Second Appeal. Their further case is that during the pendency of the Se























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