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2017 Supreme(Gau) 1057

KALYAN RAI SURANA
Hafsa Khanam – Appellant
Versus
On the death of Amarendra Goswami, his LRs. , Sri Dibyajyoti Goswami – Respondent


Advocates Appeared:
For the Petitioner: Mr. A. Das, Mr. S. Khound
For the Respondents: Mr. R.K. Bhuyan, Mr. D.K. Das, Mr. K. Saikia

JUDGMENT AND ORDER :

Heard Mr. A. Das, the learned counsel for the petitioner as well as Mr. R.K. Bhuyan, the learned counsel for the respondents.

2. This application under Article 227 of the Constitution of India has been filed for challenging the order dated 29.08.2016, passed by the learned Munsiff No.2 Kamrup (Metropolitan), Guwahati in Misc.(J) Case No. 412/2015 arising out of Title Suit No. 171/2013, by which the prayer for amendment of the plaint was allowed.

3. The petitioner is the plaintiff in Title Suit No. 454/2006 (re-numbered as T.S. No. 146/2007). The suit was instituted under section 6 of the Specific Relief Act, 1963, seeking recovery of possession of the suit land measuring 1 katha - 10 lechas from the predecessor-in-interest of the respondents herein. The said suit was decreed by the learned Munsiff No.4, Kamrup (M), Guwahati by judgment and decree dated 07.12.2011. The decree was put into execution and the possession of the suit land was restored to the petitioner on 08.07.2013. The petitioner is in peaceful possession of the said land. As per statements made
























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