JULFIKAR ALI Vs. SAJIA BEGUM

JUDGEMENT

(1.) Mr. S. Sarma, learned counsel assisted by Mr. S. K. Deka and Mr. A.Kashyap, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned counsel for the respondent No. 1. None appears for the legal heirs of erstwhile respondent No. 2 although service of notice is complete on them, when the matter is being called.

(2.) The revision petitioner has preferred the present petition impugning the order dated 07.10.2015 passed in Application No. 1014/2015 in Title Appeal No. 6/2012 by the Court of the Additional District Judge No. 3, Kamrup (M), Guwahati.

(3.) The present petitioner as the plaintiff instituted a Title Suit No. 225/2007 for declaration, cancellation of sale deed, recovery of possession and for permanent injunction. The suit was contested by the defendant /respondents by filing their written statements. The learned Civil Judge vide Judgment and Order dated 28.5.2012 dismissed the suit of the plaintiff. Being aggrieved the plaintiff/petitioner preferred an appeal being Title Appeal No. 6/2012 before the Learned Additional District Judge No. 3, Kamrup. The appeal was admitted and the Lower Court Records called for.