1. The challenge in the appeal under section 299 of the Indian Succession Act, 1925 is to the judgment and order dated 18.6.2003 passed in Misc. Succession Case No. 72 of 2002 by the District Judge, Bongaigaon where under the learned District Judge ordered for issuing Succession Certificate in favour of the respondents/plaintiffs.

2. Heard Mr. B.R. Dey, learned senior counsel appearing for the appellants/Opposite parties Nos. 3, 4, 5 and 6 and also Mr. A. K. Sikdar, learned counsel appearing for the respondents-plaintiffs.

3. The respondents-plaintiffs filed the application under section 372 of the Indian Succession Act, 1925 (for short 'the Act 1925') in the Court of the District Judge, Bongaigaon. The pleaded case of the respondents-plaintiffs in the said application under section 372 of the Act 1925 are that the deceased Prabhat Chandra Hajong married with the respondent-plaintiff No. 1 Smt. Manjula Hajong and they lived together as husband and wife. The respondent/plaintiff No. 3 Shri Dipak Hajong, the plaintiff-respondent No. 2, Smt. Marami Hajong and plaintiff-respondent No. 4 Sri Harmohan Hajong are the children born of the marriage of respondent-plaintiff No. 1 Smt. Manjula H

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