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2018 Supreme(Gau) 1427

KALYAN RAI SURANA
Swastik Assam Real Estate Pvt. Ltd. – Appellant
Versus
Ratan Raha – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M. Choudhury, S. Deka
For the Respondents: K. Bhattacharjee

JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Mr. M. Choudhury, learned Senior Advocate, assisted by Mr. S. Deka, learned counsel for the petitioners. Also Heard Mr. K. Bhattacharjee the learned counsel for the respondent. This application under Article 227 of the Constitution of India is directed against the order dated 18.07.2017 passed by the learned Civil Judge No. 3, Kamrup (M), Guwahati, thereby rejecting petition No. 4668/17 filed by the petitioners and allowing petition No. 460/17 filed by the respondents for local investigation, in connection with T.S. No. 269/2014.

2. The petitioners herein are the defendants in T.S. 269/2014. The four respondents having interest in separate plots of land, but having a common cause are the plaintiffs in the said suit. The petitioners are builders and real estate developers. By three separate agreements dated 19.12.2008, 12.12.2008, 17.12.2008 with the respondents No. 1, 2 and jointly with respondents No. 3 and 4, the parties agreed that the petitioners will construct a multi-storey building on their respective land described in schedule A to D of the plaint. The said agreements were modified by virtue of three registered deed of rectification da























































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