GAHC010123492025

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THE GAUHATI HIGH COURT

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

Case No. : I.A.(Civil)/3719/2025

SMTI NIVA BANIKYA

D/O LATE TARINI CHARAN BANIKYA

W/O LATE BHUBAN DAS

RO RANI ABHAYESPARI PATH

WARD NO 11

ABHAYAPURI

PS ABHAYAPURI

DISTRICT BONGAIGAON

PIN 783384

2: SHRI MANDEEP DAS S/O LATE BHUBAN DAS

RO RANI ABHAYESPARI PATH

WARD NO 11

ABHAYAPURI

PS ABHAYAPURI

DISTRICT BONGAIGAON

PIN 783384

3: SHRI PRANDEEP DAS S/O LATE BHUBAN DAS

RO RANI ABHAYESPARI PATH

WARD NO 11

ABHAYAPURI

PS ABHAYAPURI

DISTRICT BONGAIGAON

PIN 783384

VERSUS

RUMI BANIK

WO SANKAR BANIK

DO LATE RABINDRA DEY

RO SWARUPANANDA ROAD GOBINDAPOLLY HOJAI WARD NO 6 PO AND PS HOJAI DIST HOJAI ASSAM PIN 782435

2:PHUKAN ADHIKARY S/O LATE ARABINDA ADHIKARY RO VILL BATABARI WARD NO 11 PO AND PS ABHAYAPURI DISTRICT BONGAIGAON ASSAM ------------

Advocate for : MS A SAIKIA Advocate for : MR. B J MUKHERJEE appearing for RUMI BANIK Linked Case : RSA/236/2024 NIVA BANIKYA AND 2 ORS W/O LATE BHUBAN DAS RESIDENT OF WARD NO. 11 BATABARI ABHAYAPURI TOWN PO AND PS ABHAYAPURI DIST BONGAIGAON ASSAM 783384

2: SRI PRANDEEP DAS S/O LATE BHUBAN DAS RESIDENT OF WARD NO. 11 BATABARI ABHAYAPURI TOWN PO AND PS ABHAYAPURI DIST BONGAIGAON ASSAM 783384

3: SRI MANDEEP DAS S/O LATE BHUBAN DAS RESIDENT OF WARD NO. 11 BATABARI ABHAYAPURI TOWN PO AND PS ABHAYAPURI DIST BONGAIGAON ASSAM 783384 VERSUS RUMI BANIK AND ANR D/O LATE JITENDRA BANIKYA W/O SANKAR BANIK RESIDENT OF VILLAGE HOJAI PO AND PS HOJAI DIST NAGAON ASSAM 782435

2:SRI PHUKAN ADHIKARY S/O LATE ARABINDA ADHIKARY RESIDENT OF BATABARI PS ABHAYAPURI DIST BONGAIGAON ASSAM 783384 ------------

Advocate for : MR JITENDRA DAS Advocate for : MS R SAHA appearing for RUMI BANIK AND ANR BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

Date : 19.12.2025

1. Heard Ms. A. Saikia, the learned counsel for the applicants. Also heard Mr. D. Mazumdar, the learned senior counsel assisted by Mr. B. J. Mukherjee, the learned counsel for the respondent.

2. This Interlocutory Application has been filed by the applicants/appellants in connection with the RSA No. 236/2024 under Order 6 Rule 17 of the Code of Civil Procedure, 1908 praying for amendment of Memorandum of Appeal in the RSA No. 236/2024.

3. The present applicants have filed the connected RSA No. 236/2024 herein they have impugned the judgment and decree dated 07.09.2024 passed in Title Appeal No. 17/2016 by the Court of learned Civil Judge (Senior Division), Bongaigaon whereby the judgment and decree dated 31.08.2016 passed in Title Suit No.

30/1998 was upheld by the First Appellate Court.

4. In the Memo of Appeal of the RSA No. 236/2024, the appellants have proposed the following substantial questions of law –

(i) Whether the findings of both the learned trial as well as the first appellate courts are perverse in holding that the plaintiff No.2 has right, title and interest over schedule “C” Land by virtue of the sale deed No. 1214/1998 and 1215/1998, without there being any pleading in the plaint that the plaintiff No. 1 has sold the Schedule “C” Land to the plaintiff No.2 by the said sale deed.

(ii) Whether the findings of both the learned trial as well as the first appellate court below are perverse in holding that the Exhibit No.2 Gift Deed has been duly proved in accordance with law without there being any materials on record of its due execution and acceptance by the donee as per Section 122 of the Transfer of the Property Act, 1882.

5. The learned counsels for both sides were heard on the question as to whether any substantial question of law is involved in the connected RSA or not. However, before passing of any orders by this Court on the existence or otherwise of any substantial question of law in the connected RSA, the present applicants had engaged Ms. A. Saikia as their counsel. The applicants, thereafter, had filed another Interlocutory Application under Order 41 Rule 27 of the Code of Civil Procedure, 1908 before the delivery of orders in RSA No. 236/2024 in respect of substantial qu