SAROJU BALA PURKAYASTHA Vs. ARUP KUMAR PURKAYASTHA

JUDGEMENT

(1.) Heard Mr. S. K. Ghosh, the learned counsel appearing on behalf of the appellants and Mr. R. Sarma, the learned counsel appearing on behalf of the respondents.

(2.) The instant appeal was admitted vide an order dtd. 11/5/2009 by formulating a substantial question of law which is reproduced hereinunder:

(3.) For ascertaining as to whether the said substantial question of law arises in the instant appeal, this Court deems it proper to deal with the facts in brief which led to the filing of the instant appeal. For the purpose of convenience, the parties herein are referred to in the same status as they stood before the Trial Court.