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2021 Supreme(Gau) 517

DEVASHIS BARUAH
Prakash Bhagawati S/o Late Binod Bhagwati – Appellant
Versus
On the Death of Phanidhar Bora his Legal Heirs – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A.K. Sahu.
For the Respondent: Mr. S. Biswas.

JUDGMENT :

1. Heard Mr. S Sahu, the learned counsel appearing on behalf of the petitioner. Also heard Mr. S Biswas, learned counsel appearing on behalf of the respondents no. 1(i), 1(ii), 1(iii) and 1(v).

2. The instant application under Article 227 of the Constitution of India is filed challenging the order dated 27.11.2018 passed in Misc (J) Case No. 217/2018 arising out of Title Suit No. 28/1997. For the purpose of appreciating the question in controversy, it would be relevant to take note of the following facts which arises.

3. The plaintiff had filed a suit registered and numbered as Title Suit 28/1997 whereby the plaintiff sought for his right, title and interest over the suit land and also for recovery of khas possession and for mesne profit etc. It is the case of the plaintiff that the suit land is the land that he had purchased by the registered sale deed no. 1122 in the year 1996. It is the further case of the petitioner as plaintiff that pursuant to the purchase of the suit land, the defendant no. 1 filed a proceeding under Sections 145/146 of Code of Criminal Procedure (CrPC) in respect to the suit land wherein the suit land was attached. Subsequent thereto, a revision was

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