MD KAUSHAR ALI Vs. MD. RAMIZUL HAQUE AHMED

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 100 of the Code of Civil Procedure against a judgment and decree dtd. 30/8/2023, passed by the learned District Judge, Kamrup (M) at Guwahati, in Title Appeal No. 33 of 2019 whereby the appeal has been dismissed and the judgment and decree dtd. 21/9/2019 passed by the learned Civil Judge No. 2, Kamrup (M), Guwahati, in Title Suit No. 152/2015 has been upheld.

(2.) The appellants were the defendants in the aforesaid Title Suit which was instituted for a declaration of right, title, interest and for mandatory injunction for demolition. As indicated above, both the Courts below had accepted the case of the plaintiffs and had decreed the suit in their favour, which also includes a direction for demolition.

(3.) I have heard Shri OP Bhati, learned counsel for the appellants whereas Shri RK Bhuyan learned counsel has represented the respondents on the strength of a Caveat.