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2023 Supreme(Gau) 1072

SANJAY KUMAR MEDHI
Padumi Deori – Appellant
Versus
Shantanu Sarmah Boruah S/o. Lt. Dimbeswar Sharma Baruah – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri A. Ganguly, Advocate.
For the respondents:Shri Y. S. Mannan, Advocate.

JUDGMENT :

Heard Shri A. Ganguly, learned counsel for the petitioners. Also heard Shri Y. S. Mannan, learned counsel for the sole respondent.

2. The present application has been filed under Section 115 of the Code of Civil Procedure, 1908 against the judgment dated 08.07.2019 and decree dated 17.07.2019 passed in Title Suit No. 40/2012 passed by learned Munsiff No. 1, Lakhimpur, North Lakhimpur. The said suit was instituted by the petitioner as plaintiff under Section 6 of the Specific Relief Act, 1963(hereinafter the Act, 1963).

3. At the outset, the learned counsel has submitted that under Section 6(iii) of the Act, no appeal lies against any order or decree and therefore, the present revision petition has been filed.

4. Petitioners were the defendants in the Title Suit which was instituted under Section 6 of the Act. In the plaint, the present respondent who was the plaintiff, had averred that a plot of land measuring 2 katha 10 lechas was in the possession of the plaintiff in respect of which land revenue was also paid. On the west side of the suit land, the plaintiff had patta land and therefore the said suit land was used for thoroughfare. The patta lands were under Dag No. 225 a

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