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2024 Supreme(Online)(GAU) 7302

HIGH COURT OF GAUHATI
MR. JUSTICE MRIDUL KUMAR KALITA, J
MD. MOZAMIL HOQUE MIR AND 3 ORS – Appellant
Versus
MD. ISHAD HUSSAIN MIR AND 4 ORS – Respondent


Advocates:
R SARMAH, MS M KAKOTY, MR K J HAZARIKA

ORDER

20.09.2024 Date :

1. Heard Mr. R. Sarmah, learned counsel for the petitioners.

2. This is an application filed under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the petitioners, namely, 1. Md. Mozamil Hoque Mir, 2. Md. Nazrul Islam Mir, 3. Md. Imran Hussain Mir and 4. Musstt. Mina Begum impugning the order dated 30.04.2024 whereby the application filed by the petitioners who are the defendant Nos. 1, 2, 3 and 4 in the Title Suit No. 414/2021 pending before the Court of learned Munsiff No. 2, Nagaon whereby an application filed by the present petitioners under Order- 6 Rule- 17 of the Code of Civil Procedure for amendment of the written statement was rejected by the Trial Court.

3. The learned counsel for the petitioners has submitted that the suit was filed by the respondents for declaration for right, title and interest and recovery of possession of suit land. The suit land is a plot of land measuring 1 Katha out of 1Bigha 1 Katha and 10 Lechas of land covered by Dag No. 15 of periodic patta No. 134 situated at Dhupaguri Village Kissam under Batadraba Mouza in the district of Nagaon.

4. The learned counse

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