BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN Advocate for the appellant :- Mr. B.K. Bhagawati. Advocate for the respondent :- Mr. S.P. Choudhury.

Date of Hearing :- 24.06.2025. Date of Judgment & Order :- 28.07.2025.

JUDGEMENT & ORDER (CAV)

Heard Mr. B.K. Bhagawati, learned counsel for the appellant and Mr. S.P. Choudhury, learned counsel for the respondent.

2. In this appeal, under Order 41 Rules 1 & 2 of the CPC, the appellant has put to challenge the correctness or otherwise of the Judgment and Decree dated 30.03.2017, passed by the learned Civil Judge No. 2, Kamrup (M) at Guwahati (trial court hereinafter), in Title Suit No. 229/2010.

3. For the sake of convenience and to avoid confusion, the name of the parties appeared in the said title suit is adopted herein also.

4. It is to be noted here that vide impugned Judgment and Decree dated 30.03.2017, the learned trial court had dismissed the suit of the plaintiff, wherein the pla