JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. J. Kalita, the learned counsel appearing on behalf of the Appellant and Mr. D. Mozumdar, the learned Senior counsel assisted by Mr. S. Biswas, the learned counsel appearing on behalf of the Respondent No. 1.

2. The instant appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short “the Code”) is directed against the judgment and decree dated 03.08.2023 passed by the Court of the learned Civil Judge, Darrang (for short “the learned First Appellate Court”) in Title Appeal No. 01/2022 whereby the appeal filed by the Appellant herein was dismissed thereby affirming the judgment and decree dated 13.12.2021 passed by the learned Civil Judge (Junior Division) No. 2, Mangaldai, Darrang (for short “the learned Trial Court”) in Title Suit No. 56/2013.

3. The instant appeal is being taken up at the stage of Order XLI Rule 11 of the Code to consider as to whether any substantial question of law can be formulated in terms with Section 100(4) of the Code.

4. For ascertaining as to whether the questions of law so proposed by the Appellant can at all be formulated, this Court finds it relevant to take note of the facts briefly which have l