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GAHC010015922021

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRP/10/2021

KIRANMOYEE CHOUDHURY @ DUTTA

D/O. KARUNA NARAYAN CHOUDHURY, R/O. VILL. BIDYAPUR, NALBARI

TOWN, DIST. NALBARI, ASSAM, PIN-781335.

VERSUS

RITA BAISHYA TALUKDAR AND ANR

W/O. SHRI NARASH TALUKDAR, VILL. BIDYAPUR, NALBARI TOWN, DIST.

NALBARI, ASSAM, PIN-782335.

2:MD. OII ALI @ OLIUR RAHMAN

W/O. RAUSAN ALI

VILL. ISLAM CHUPA

NALBARI TOWN

DIST. NALBARI

ASSAM

PIN-782335

Advocate for the Petitioner : MR. R J BORDOLOI, MR. R ALI

Advocate for the Respondent : MR S DIFUSA, MR D CHOUDHURY

Linked Case : CRP/65/2020

KIRANMOYEE CHOUDHURY @ DUTTA

W/O KARUNA NARAYAN CHOUDHURY

R/O VILL. BIDYAPUR

NALBARI TOWN

DIST. NALBARI

ASSAM

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VERSUS

RITA BAISHYA TALUKDAR AND ANR.

W/O SHRI NARASH TALUKDAR

R/O VILL. BIDYAPUR

NALBARI TOWN

DIST. NALBARI

ASSAM

2:MD. OLI ALI @ OLIUR RAHMAN

W/O RAUSAN ALI

R/O VILL. ISLAM CHUPA

NALBARI TOWN

DIST NALBARI

ASSAM

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Advocate for : MR. R J BORDOLOI

Advocate for : MR D CHOUDHURY appearing for RITA BAISHYA TALUKDAR

AND ANR.

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

Date : 19.12.2025

1. Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. S.

Difusa, learned counsel for the respondent No. 1.

2. None has appeared for respondent No. 2.

3. By this common order, this Court proposes to dispose of Civil Revision

Petition No. 10/2021 as well as Civil Revision Petition No. 65/2020 as both these

cases arose out of Order dated 26.06.2018 passed by the Court of learned Civil

Judge, Nalbari in Misc.(J) Case No. 4/2018 arising out of Title Suit No. 1 of

2018.

4. The Civil Revision Petition No. 65/2020 has been filed by the petitioner

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on being aggrieved by the Judgment and Order dated 17.02.2020 passed by the

Court of the learned District Judge, Nalbari in Misc. Appeal No. 4/2018 which

was filed by the present petitioner impugning the Order dated 26.06.2018

passed by the learned Civil Judge, Nalbari in Misc.(J) Case No. 4/2018.

Whereas, the Civil Revision Petition No. 10/2021 has been filed by the present

petitioner impugning the Order dated 07.12.2020 passed in Misc. Appeal No.

5/2018 wherein the respondent No. 2 had challenged the Order dated

26.06.2018 passed in Misc.(J) Case No. 4/2018 in connection with Title Suit No.

1/2018. Though, the aforesaid Civil revision petitions are directed against the

Orders of the First Appellate Court passed in two different Misc. Appeal cases,

namely, Misc. Appeal No. 4/2018 and Misc. Appeal No. 5/2018, however, as both

the misc. Appeals were registered and were directed against a common order

passed by the Court of learned Civil Judge, Nalbari in Misc.(J) Case No. 4/2018

arising out of Title Suit No. 1/2018 on 26.06.2018. Hence, both these civil

revision petitions are dealt with together by this common order.

5. The facts relevant for consideration of the above mentioned Civil

Revision Petitions, in brief, are that the present respondent No. 1, as plaintiff,

has instituted a Title Suit No. 1/2018 before the Court of learned Civil Judge,

Nalbari seeking declaration of her right, title and interest and recovery of khas

possession as well as for permanent injunction over Schedule A Land measuring

1 Katha 10 Lechas covered by Dag No. 175 of NK Patta No. 18 in Ward No. 7 of

Nalbari town. It has been pleaded in the plaint of the plaintiff (respondent No.1)

herein that the aforesaid plot of land was purchased by her from the present

petitioner by executing a registered sale deed No. 2482/2010 and thereafter the

delivery of possession of the said land was also made in favour of the

respondent No. 1. The present petitioner does not have any dispute regarding

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the sale of the land in favour of respondent No. 1. The title suit was filed by the

respondent No. 1 mainly against the present respondent No. 2 alleging trespass

into the Schedule-A land on 28.01.2013 by the said respondent No.2 claiming

that the said land falls within the Dag No.