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2021 Supreme(Gau) 610

DEVASHIS BARUAH
Abdul Muhit Barbhuiya, S/o- Lt. Saraf Uddin Barbhuiya – Appellant
Versus
Dukar Khasia and Anr. Daughter of Late Lukar Khasia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. N DHAR

JUDGMENT :

1. Heard Mr. N. Dhar, learned counsel appearing on behalf of the petitioners. None has appeared on behalf of the respondents in-spite of service of notice.

2. This is an application under Section 115 of the Civil Procedure Code (CPC) challenging the judgment and decree dated 26/06/2019 passed by the learned Munsiff No.1, Hailakandi in Title Suit No. 73/2010. The brief facts of the instant case is that the respondents herein, as plaintiffs, had instituted a suit under Section 6 of the Specific Relief Act, 1963, for restoration of possession of the plaintiff over the suit land. It is the case of the plaintiffs in the suit that on 25/06/2010 at about 10 a.m., the defendants trespassed upon the suit land and threatened the plaintiff of dire consequences unless the plaintiff leaves the suit land and consequently, the plaintiff was compelled to leave the suit land. The plaintiff has also filed an FIR before the Algapore Police Station, which was registered and numbered as Algapore PS Case No. 197/2010, corresponding to GR Case No. 933/2010. It is on the basis of the said cause of action, the suit was filed on 11/08/2010.

3. Pursuant to the said suit being filed, the petitioners h

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