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2025 Supreme(Gau) 750

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
Gajen Das, S/o. Debendra Nath Das – Appellant
Versus
On the death of Ramani Mohan Kalita, his legal heirs- Smt. Giribala Kalita, (W/o Late Ramani Mohan Kalita) – Respondent


Advocates Appeared:
For the Appellants : Ms. R. Choudhury, Ms. B. Hazarika, Ms. Memon Ahmed.

ORDER :

(ROBIN PHUKAN, J.)

Heard Ms. R. Choudhury, learned counsel for the appellants.

2. This appeal under Section 100 read with Order XLII Rule 1 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 24.02.2025 passed by the learned Civil Judge (Sr. Division), Bongaigaon ('First Appellate Court' for short), in Title Appeal No.09/2018, whereby the learned First Appellate Court has reversed the judgment and decree dated 10.07.2018 passed by the learned Munsiff [Now Civil Judge (Jr. Division)], North Salmara, Abhayapuri ('Trial Court' for short), in Title Suit No.72/2006, by which the suit of the respondents/plaintiffs was dismissed.

3. The background facts leading to filing of the present second appeal is briefly stated as under:-

“The respondent herein as plaintiff instituted a title suit, being Title Suit No.72/2006 for declaration of his right, title and interest and for confirmation of possession and for permanent injunction over a plot of land measuring 1 bigha 2 katha 10 lecha under Dag No.48. His case is that from proforma defendant No.1, namely, Amalendu Baruah, who was the owner of a plot of land measuring 31 bigha 1 katha 6 lecha covered by D

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