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2024 Supreme(Gau) 490

DEVASHIS BARUAH
On the Death of Hari Prasad Dowerah His Legal Heirs Amrit Dowerah – Appellant
Versus
Tata Tea Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.J. Saikia.
For the Respondent: N.C. Das.

 

1. Heard Mr. P.J. Saikia, learned senior counsel assisted by Mr. R.S. Mishra, Advocate, appearing on behalf of the petitioner and Mr. N.C. Das, learned senior counsel assisted by Ms. M. Devi, learned counsel appearing on behalf of the respondents.

2. This application under Article 227 of the Constitution of India is filed by the petitioner challenging the order dated 25.08.2022, passed by the learned Executing Court, i.e. the Court of learned Munsiff at Naharkatia, Assam, in Title Execution Case No. 5/2019, whereby the application filed by the petitioner was rejected.

3. From a perusal of the materials on record, it reveals that the decree holders, as plaintiffs, had instituted a suit, being Title Suit No. 23/1975, against one Tankeswar Dowerah for recovery of khas possession of a premises which have been described in the Schedule to the plaint of the said suit. The said suit was decreed on 19.08.1994. It is relevant to mention that during pendency of the said suit, the defendant Tankeswar Dowerah expired and he was substituted by his wife, namely, Maichana Dowerah. Thereupon the said Maichana Dowerah, being aggrieved with the judgment and decree dated 19.08.1994 passed in the said

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