P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

6.2:MD. NODAR ALI S/O- LT ROUSED ALI@ LEBERA R/O- VILL- FULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

6.3:MD. SAMIR ALI S/O- LT ROUSED ALI@ LEBERA R/O- VILL- FULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

6.4:MD. BABLU ALI S/O- LT ROUSED ALI@ LEBERA R/O- VILL- FULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

6.5:MUSTT MOINA BEGUM D/O- LT ROUSED ALI@ LEBERA R/O- VILL- FULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

6.6:MUSSTT RUNA BEGUM D/O- LT ROUSED ALI@ LEBERA R/O- VILL- FULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

7:ON THE DEATH OF AIFAT ALI HIS LEGAL HEIRS MORIGAON

7.1:MD. SALAM ALI S/O- LT AIFAT ALI R/O- VILL- FULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

8:ON THE DEATH OF INTAZ ALI HIS LEGAL HEIRS S/O- LT AMIRAT ALI

8.1:MUSSTT. SARNAI BEGUM W/O- LT INTAZ ALI R/O- VILL- MORIMUSHALMAN GAON WARD NO 7 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

9:ON THE DEATH OF SEMIJA KHATUN HER LEGAL HEIRS D/O- LT AMIRAT ALI

9.1:MD. SAJID ALI S/O- LT SAMIJA KHATUN R/O- VILL- SALSALI (PURANI GUDAM)

P.O. SALSALI P.S. SAMUGURI DIST- NAGAON(ASSAM)

PIN-

9.2:MD. WASIF ALI S/O- LT SAMIJA KHATUN R/O- VILL- SALSALI (PURANI GUDAM)

P.O. SALSALI P.S. SAMUGURI DIST- NAGAON(ASSAM)

PIN-

9.3:MD. AHIA KHAN S/O- LT SAMIJA KHATUN R/O- VILL- SALSALI (PURANI GUDAM)

P.O. SALSALI P.S. SAMUGURI DIST- NAGAON(ASSAM)

PIN-

10:JIBAN SAIKIA S/O- LAKHI SAIKIA R/O- VILL- FULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

11:NOMIBALA SAIKIA D/O- LT HAREN R/O- VILL- FULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

12:URMILA DEVI KAKOTI D/O- LT BIPUL KAKOTI R/O- VILL- FULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

13:GIRIBALA HAZARIKA W/O- LT LILADHAR HAZARIKA R/O- VILL- PHULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

14:BINANATH HAZARIKA S/O- KANPAI HAZARIKA R/O- VILL- PHULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

15:DIMBESHWAR HAZARIKA S/O- KANPAI HAZARIKA R/O- VILL- PHULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 782105

16:KATIA SAIKIA S/O- HANUAH SAIKIA R/O- VILL- PHULBARI WARD NO 8 P.O./P.S. MORIGAON DIST- MORIGAON (ASSAM)

PIN- 78210 For the Petitioner(s : Mr. A.K. Purkayastha, Advocate Mr. S. Sharma, Advocate For the Respondent(s) : None appears

24.03.2025 Date of Hearing :

24.03.2025 Date of Judgment :

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

JUDGMENT AND ORDER (ORAL)

Heard Mr. A.K. Purkayastha, the learned counsel appearing on behalf of the petitioner.

2. The supervisory jurisdiction of this Court has been invoked by challenging an order dated 11.04.2019 passed by the learned Court of the Civil Judge, Morigaon (hereinafter referred to as, “the learned Trial Court”) in Title Suit No. 28/2016 wherein the application filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short, “the Code”) for the purpose of appointing a Commissioner to measure the land of the counter-claimant which is more particularly described in Schedule ‘C’ to the counter-claim from which the counter-claimant was dispossessed was rejected.

3. It is seen from the materials on record that the petitioner as the counter-claimant filed a petition No. 989 dated 12.09.2018 under Order XXVI Rule 9 of the Code before the learned Trial Court for issuance of a commission for measurement of the suit land and to ascertain the dispossession of the suit land of the counter-claimant by the defendant in the said suit and by the other defendants. The application was filed at the time when the suit was fixed for evidence of the defendant witnesses. When the said application was taken up on 19.11.2018, the learned Trial Court observed that as the evidence of the defendant/counter-claimant is yet to be completed, it would not be safe to decide at that stage whether appointment of Amin Commission