3.2: FULKAN S/O LATE RUPJAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

3.3: HIPJUR S/O LATE RUPJAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

3.4: AMINUL S/O LATE RUPJAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

3.5: NAZBUL S/O LATE RUPJAN RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

4: MANGALJAN D/O LATE KETU BEPERI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

5: JARIMAN NESSA D/O LATE KETU BEPARI VILLAGE RAUMARI MOUZA BATADRABA PO TUKTUKI PS DHING DIST NAGAON ASSAM

6: TAHERA KHATUN D/O LATE KETU BEPARI VILLAGE KUBAIKATA MOUZA BATADRABA PO DHANIBHETA PS BATADRABA DIST NAGOAN ASSAM

7: SAMINA KHATUN D/O LATE KETU BEPARI RESIDENT OF VILLAGE RAUMARI MOUZA BATADRABA PO RAUMARI PS DHING DIST NAGAON ASSA VERSUS FATEMA KHATUN AND 5 ORS W/O MD. SURHAB ALI, RESIDENT OF VILLAGE SILPUKHURI, PO AND MOUZA SILPUKHURI, PS MIKIRBHETA, DIST MORIGAON, ASSAM

2:MD. SURHAB ALI S/O HATEM ALI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

3:MD. ABU SAMA DEED WRITER RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

4:MD. HANIF ALI S/O NABAB ALI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

5:MD. SIRAJ ALI S/O LATE KETU BEPARI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

6:MD. MIRAJ ALI S/O LATE KETU BEPARI RESIDENT OF VILLAGE SILPUKHURI PO AND MOUZA SILPUKHURI PS MIKIRBHETA DIST MORIGAON ASSAM

7:ON THE DEATH OF KANAK CH. SARMA HIS LEGAL HEIRS NAMELY-

7.1:LAKHYA JYOTI SARMA S/O LATE KANAK CH SARMA RESIDENT OF JAJORI SIMULTAL MOUZA - SILPUKHURI DIST - MORIGAON ASSAM

7.2:MANU SARMA D/O LT KANAK CH SARMA RESIDENT OF JAJORI SIMULTAL MOUZA - SILPUKHURI DIST. - MORIGAON ASSA B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocate for the appellant(s) : Mr. RK Bhuyan Advocate for the respondent(s) : Mr. L Mohan Date of hearing : 12.03.2025 & Judgment JUDGMENT & ORDER (ORAL)

Heard Mr. RK Bhuyan, the learned counsel appearing on behalf of the appellant. Mr. L Mohan, the learned counsel appears on behalf of the respondents.

2. This is an appeal filed challenging the judgment and decree dated 07.10.2023 passed in Title Appeal No. 14/2019 passed by the learned Civil Judge (Senior Division), Morigaon (hereinafter to be referred to as, “the learned First Appellate Court”) whereby the judgment and decree dated 05.08.2019 passed by the Court of the learned Civil Judge (Jr. Division) No.1, Morigaon (hereinafter to be referred to as, “the learned Trial Court”) in Misc (J) Case No.7/2016 arising out of Title Execution Case No.16/2015 was confirmed.

3. The instant appeal is being taken up at the stage of Order XLI, Rule 11 of the Code of Civil Procedure, 1908 (for short, the Code) to ascertain as to whether in the instant appeal there are substantial questions of law which can be formulated in terms of Section 100 (4) of the Code. For ascertaining the said aspect, this Court finds it relevant to take note of the brief facts which led to the filing of the instant appeal.

4. One Kanak Chandra Sarma, who has been arrayed as the respondent No.7 in the instant appeal had filed a suit against the defendants which was registered and numbered as Title Suit No. 52/2010 before the Court of the learned Munsiff No.1, Morigaon. In the said suit, the said Kanak Chandra Sarma sought for a decree declaring his right title and interest over the suit land described in Schedule B to the plaint and for confirmation of possession; a decree declaring that the sale deed No.291 dated 02.02.2010 is null and void and liable to be cancelled; a permanent injunction restraining the principal defendants, their agents, servants, etc from entering into the suit land; for a decree declaring that the Chitha mutation order dated 04.02.