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GAUHATI HIGH COURT
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
REKHA MUKHARJEE AND 5 ORS. – Appellant
Versus
BISHNULAL RABIDAS AND 9 ORS. – Respondent


ORDER

Date : 04-01-2022 Heard Mr. S Dutta, learned senior counsel for the petitioners assisted by Mr. P Kataki, learned counsel. Also heard Mr. GN Sahewalla, learned senior counsel for the respondent Nos. 1 and 2 assisted by Ms. S Katakey.

None has appeared on behalf of the other respondents.

2. This is an application under Article 227 of the Constitution of India challenging the order dated 20.11.2019 passed in Misc Case No.12/2017 arising out of Title Execution Case No.11/2015 by the Court of the Munsiff No.1, Karimganj.

3. The brief facts of the instant case is that the respondent Nos.1 & 2 as plaintiff have instituted a suit being Title Suit No.191/1993 seeking their preferential rights under Section 22 of the Hindu Succession Act 1966 to purchase the suit land; for cancellation of the sale deed No.2232 dated 23.06.1993 – 24.06.1993 executed by the deceased defendant No.2 Shri Hari Prashad Rabi Das in favour of one Satyabrata Mukherjee. The said suit was decreed by a judgment and decree dated 25.11.1999 whereby it was declared that the plaintiffs have jointly and each of the plaintiffs have separately preferential rights to purchase the suit land and the suit house as described in

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