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2019 Supreme(Gau) 706

MIR ALFAZ ALI
Parikhit Pathak – Appellant
Versus
Joy Madhab Baruah – Respondent


Advocates Appeared:
P.J. Saikia, Advocate, B.C. Das, Adv.

JUDGMENT :

Mir Alfaz Ali, J.

This second appeal is directed against the order dated 03.08.2019 passed by the learned Civil Judge, Sibasagar in T.A. No. 13/2019.

2. Notices were served on the respondents, who have already entered appearance through learned counsel. Learned counsel for the appellant Mr. P.J. Saikia and the learned Sr. Counsel Mr. B.C. Das for the respondent were heard at length on admission.

3. Learned Sr. Counsel, Mr. B.C. Das raising vehement objection against admission of this second appeal contended that no substantial question of law is involved in this appeal and therefore, the appeal does not deserve to be admitted.

4. The respondent herein as plaintiff filed a suit being T.S. No. 46/1989 for ejectment and arrear rent, which was decreed by the learned trial court. The legal heirs of Nandi Singh i.e. his son, daughter and grand children were also made defendant in the T.S. 46/1989. The appeal preferred by the defendants was dismissed. The second appeal filed by the defendants also stood dismissed and accordingly the judgment and decree passed in T.S. No. 46/1989 attained finality. Thereafter, execution proceeding was instituted by the plaintiff/respondent. During pe

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