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2022 Supreme(Gau) 150

ROBIN PHUKAN
Md. Amiratddin – Appellant
Versus
Md. Muhibul Hussain, S/o Late Abdul Adut – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. B. Chetri
For the Respondent: Ms. P. Bhattacharya

JUDGMENT :

1. In this petition, under Section 115 of the Code of Civil Procedure, the petitioners -Md. Amiratddin & 5 Ors., have put to challenge the judgment and order, dated 19.11.2019, passed by the learned Civil Judge, Golaghat in Misc. Appeal No. 1/2018. It is to be noted here that vide the impugned judgment and order, the learned Civil Judge had affirmed the order dated 13.09.2018, passed in Misc. (J) Case No. 04/2018, arising out of T.S. No. 7/2015, by the learned Munsiff No. 1, Golaghat, whereby, the learned Munsiff No. 1, Golaghat, had dismissed the petition filed by the petitioners under Order 9 Rule 13 of the CPC.

2. The factual background leading to filing of the present petition is adumbrated herein below:-

    “The respondent, as plaintiff, instituted a title suit, being T.S. No. 07/2015, in the Court of Munsiff No.1, Golaghat, against the present petitioners, as defendants, for declaration of right, title and interest and recovery of Khas possession by evicting the petitioners in respect of the suit land, measuring 1 bigha covered by the P.P. No. 223 at village Rangdhali Gaon, P.O. Batiporia, P.S. Dergaon, Mouza-Gurjugania, District Golaghat, Assam, as on 03.05.2012, the pe

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