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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Md. Nurul Islam S/o Late Abdul Rahim – Appellant
Versus
On the Demise of Abdur Rahman, Shri Aszadur Rahman S/o Late Abdur Rahman – Respondent
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JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Ms. S. Sarma, learned counsel for the appellants and Mr. R.P. Sarma, learned Senior Counsel, assisted by Mr. N.N. Upadhyay, learned counsel for the respondents.
2. In this appeal, under Section 100 of the CPC, the appellants have put to challenge the judgment and decree dated 03.05.2017, passed by the learned Civil Judge, Dibrugarh ("first appellate Court" for short), in Title Appeal No. 41/2006.
3. It is to be noted here that vide impugned judgment and decree dated 03.05.2017, the learned first appellate court had affirmed the judgment and decree dated 30.06.2006, passed by the learned Munsiff No. 1, Dibrugarh ("trial Court" for short), in Title Suit No. 49/2000, where by the suit of the plaintiffs was dismissed.
4. For the sake of convenience and to avoid confusion, the parties herein are referred to in the same status as they appeared in the suit.
Background Facts:-
5. The background facts, leading to filing of the RSA No. 144/2018, are adumbrated herein below:-
“Late Abdul Rahim, the father of the plaintiffs was a resident of Silchar, Cachar and he came to Dibrugarh in the year 1940 and started various businesses including the contract work at Dib
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