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2017 Supreme(Gau) 304

AJIT SINGH, MANOJIT BHUYAN
Dhiraj Kumar Dutta – Appellant
Versus
Assam Board of Revenue, (through its Chairman), Panbazar, Guwahati – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.R. Gogoi Ms. S. Basumatary
For the Respondent: Mr. J.C. Gogoi Mr. RKD Choudhury, Addl. Sr. GA, Assam

JUDGMENT & ORDER :

Manojit Bhuyan, J

1. This intra-Court appeal is directed against the common Order dated 19.11.2015 passed in WP(C) 60/2011 and WP(C) 51/2011.

2. Subject matter of the case pertains to partition of family property devolving upon Late Gunindra Nath Dutta and subsequently to his legal heirs/representatives on one side and Munindra Nath Dutta i.e. respondent no. 3 on the other side, both being sons of Late Nakuleswar Dutta. Effort towards mutual partition of the family property having failed between the appellants/writ-petitioners and the respondent no. 3 herein after the demise of Gunindra Nath Dutta, two Partition Cases were instituted by the respondent no. 3. Both the cases were eventually allowed by Order dated 03.03.2003 of the Additional Deputy Commissioner, North Lakhimpur whereby the respondent no. 3 was granted his share of the property to the extent of 11 Bighas 2 Kathas 17 Lechas out of the total ancestral property measuring 30 Bighas 2 Kathas 13 Lechas. On appeals filed by the appellants before the Board of Revenue, the Order dated 03.03.2003 was set aside and the matter was remanded to the Additional Deputy Commissioner, Lakhimpur for disposal afresh. Groun







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