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2026 Supreme(Online)(Gau) 11474

GAUHATI HIGH COURT
MD. ALIAS – Appellant
Versus
ON THE DEATH OF ANAT RAM TELI @ SAHU HIS LEGAL HEIRS AND ORS. – Respondent


ORDER

Heard Mr. B. Baruah, learned counsel for the petitioner and Mr. A. R. Shome, learned counsel for the respondents.

2. By filing this application under Article 227 of the Constitution of India, the petitioner has assailed the order dated 02.05.2022 passed by the learned Munsiff No. 1, Dibrugarh (as it was then) in Title Execution Case No. 49/1982. The substituted respondent nos. 1 (a) to 1 (d) are legal representatives of the original decree-holder no. 2 and respondent nos. 2, 3 and 4 are legal representatives of original decree-holder no. 3.

3. The brief background of the case is that one Smti. Chenia Teli and her two (2) sons, namely, Anat Ram Teli and Shiv Kumar Teli, had filed Title Suit No. 27 of 1981 against one Dwarka Prashad Bin and six (6) others for recovery of khas possession of the suit land measuring 30 ft. × 11 ft., being a part of 0B-3K-0L of land covered by Dag No. 436 of Patta No. 158, situated at Kalibari Road, Marwari Patty, Dibrugarh, and described in Schedule-B of the plaint. The said suit was decreed ex parte vide judgment and decree dated 14.07.1982. Thereafter, the decree-holders instituted execution proceeding, which was registered as Title Execution Ca

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