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2023 Supreme(Gau) 665

ARUN DEV CHOUDHURY
Neeva Konwar W/o Late Devanand Konwar – Appellant
Versus
Koustav Moni Changmai S/o Late Durgeswar Changmai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Sattar.
For the Respondents: S. Ali, Koustav Moni Changmai.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. A Sattar, learned for the petitioners. Also heard Mr. S Ali, learned counsel for the respondent No. 1 and Ms. K Phukan, learned Government Advocate.

2. The present petition has been fled assailing an order dated 11.11.2022, whereby an application filed by the present petitioners under Order I Rule 10 (2) read with section 151 of the Code Civil Procedure seeking to be impleaded as party defendant in Title Suit No. 65/2021 was rejected.

3. The background facts leading to the present petition can be summarized as follows:

    (I) The respondent No. 1 as plaintiff instituted one Title Suit being Title Suit No. 65/2021 seeking declaration of right title and interest over the schedule suit land with a further declaration that the defendants have no legal right or authority to get the mutation and partition granted in favour of the plaintiff in respect of the suit land cancelled. A further prayer of permanent injunction was also sought against the defendant No. 1.

(II) The case of the plaintiff is that the father of the plaintiff by a registered sale deed No. 359 dated 23.03.1999 purchased a plot of land measuring 2 bighas out of 2 bigha, 1 katha 16 le

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