CRP(I/O) 106/2016. Gauhati High Court
| Case Number | CRP(I/O) 106/2016 |
| Judgement Date | May 18, 2019 |
| Court | Gauhati High Court |
IN THE GAUHATI HIGH COURT
( THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PRINCIPAL SEAT
CRP (I/O) No. 106/ 2016
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Shri Ashok Kumar Deb Purkayastha,
Son of late Jitendra Chandra Deb Purkayastha,
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Sri Bashab Bijoy Deb Purkayastha,
Son of late Jitendra Chandra Deb Purkayasth,
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Sri Shibabrata Deb Purkayastha,
Son of late Karuna Sindhu Deb Purkayastha,
All are residents of village Balidara, P.O. Latu- 788781, District Karimganj, Assam.
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Smti Sunanda Deb Purkayastha,
Wife of late Sudhangshu Ranjan Deb Purkayastha, Flat No. G.-1, Nirmal Nivas, Kahilipara,
P.O. Guwahati- 781018,
District- Kamjrup (M), Assam,
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Smti Indrani Bose,
Daughter of late Sudhangshu Ranjan Deb Purkayastha, Wife of Sri Pratap Bose, south Sarania, Ulubari,
P.O. Guwahati 781017,
District- Kamrup (M), Assam.
……. Petitioners/ defendants
- Versus-Mustt. Rahena Begum,
Wife of Md. Nezam Uddin, Village Balidara,
P.O. Latu- 788781
……. Respondent/ Plaintiff
Advocate for the appellants: Mr. N. Dhar,
Mr.l B. Malakar, Mr. T.U. Laskar,
Mr. S. Dasgupta,
Ms. U Baruah
…… Advocates.
Advocate for the respondents : Ms. R. Choudhury,
……Advocate.
- B E F O R E –
HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA
Date of hearing : 18.05.2017
Date of judgment & order : 18.05.2017
JUDGMENT & ORDER ( ORAL)
Heard Mr. N. Dhar, learned counsel, appearing on behalf of the petitioners and Ms. R. Choudhury, learned counsel, appearing on behalf of the sole respondent.
2] I n this revision petition, the respondent is the plaintiff in Title Suit No. 184/ 2015 pending in the court of the learned Munsiff No. 2 at Karimganj. The petitioners are the main defendants in the said suit. The suit by the respondent/ plaintiff was for declaration of right and injunction. The reliefs
so prayed for by the respondent/ plaintiff are reproduced herein below:
“
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For declaration that the 2nd Schedule suit land is the path of the plaintiffs purchased I st Scheduled homestead land, the right of way of which is transferred to the plaintiff as incidental easementary right by registered Deed No. 1343 dated 20.04.2012;
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For declaration that the plaintiff has easementary right in the 2nd
Scheduled path which is acquired by purchase;
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For declaration that the principal defendants have no right to sell the 2nd Scheduled path of the plaintiff to any other persons;
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For declaration that the principal defendants have no right to create any obstruction in using the 2nd scheduled path by the plaintiff in any manner whatsoever;
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For permanent and temporary injunction restraining the principal defendants from selling the 2nd Scheduled suit path to any other person and from creating any obstruction in using the 2nd
scheduled suit path by the plaintiff in any manner; f) For cost of the suit;
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For any other relief or reliefs as the court deem fit and proper;”
3] The suit land shown in the schedules mentioned in the plaint are also reproduced herein below:
“ I ST SCHEDULE
Pargonah- Kushiarkul, Mouza- Balidara, Old Dag No. 273 of Khatia No. 195, New Dag No. 354 of periodic Patta No. 8
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