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2023 Supreme(Gau) 1066

SANJAY KUMAR MEDHI
Md Kaushar Ali – Appellant
Versus
Ramizul Haque Ahmed – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. O P BHATI
For the Respondent: MR. R K BHUYAN

JUDGMENT :

The present appeal has been preferred under Section 100 of the Code of Civil Procedure against a judgment and decree dated 30.08.2023, passed by the learned District Judge, Kamrup (M) at Guwahati, in Title Appeal No. 33 of 2019 whereby the appeal has been dismissed and the judgment and decree dated 21.09.2019 passed by the learned Civil Judge No. 2, Kamrup (M), Guwahati, in Title Suit No. 152/2015 has been upheld.

2. The appellants were the defendants in the aforesaid Title Suit which was instituted for a declaration of right, title, interest and for mandatory injunction for demolition. As indicated above, both the Courts below had accepted the case of the plaintiffs and had decreed the suit in their favour, which also includes a direction for demolition.

3. I have heard Shri OP Bhati, learned counsel for the appellants whereas Shri RK Bhuyan learned counsel has represented the respondents on the strength of a Caveat.

4. Shri Bhati, the learned counsel for the appellants has contended that in spite of the fact that the present appeal has been preferred against concurrent findings, there are substantial questions of law which would require adjudication. He submits that the sa

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