LAWS(GAU)-2023-4-22

NARAYAN MANDAL Vs. SANJIB ROY

Decided On April 28, 2023
Narayan Mandal Appellant
V/S
SANJIB ROY Respondents

JUDGEMENT

(1.) Heard Mr. I. Choudhury, learned counsel for the revisionist. Also heard Mr. A. L. Mandal, learned counsel for the respondents Nos. 1 and 10 as well as Mr. P. Kataki, learned counsel for the respondent Nos.2, 7, 8 and 9 and Ms. K. Phukan learned counsel as well as Ms. D. R. Deka, learned counsel for the respondent Nos.11,12 and 13.

(2.) This Civil Revision Petition, under Sec. 115 of the Code of Civil Procedure, 1908, has been preferred by the Revisionist Sri Narayan Mondal challenging the impugned order dtd. 8/4/2022, passed by Munsiff No. 2, Morigaon, in Misc. (J) Case No. 33/2021 (arising out of Title Suit No. 3/2022).

(3.) The facts relevant for adjudication of this Civil Revision Petition, in brief, are as follows: The Respondent No.1, Sri Sanjib Roy, as Plaintiff, had instituted a Title Suit against the present Revisionist and 12 others for declaration of right, title and interest over the suit land and fishery measuring about 4 bighas which falls in Govt Dag No. 32 situated at village No. 2 Dungabori Kissam under Mouza-Gova in the district of Morigaon Assam. The said suit has been registered as Title Suit No. 3/2020 in the Court of learned Munsiff No. 2 Morigaon.