BABUL SARMA Vs. MRIDUL BHAGAWATI

JUDGEMENT

(1.) Heard Mr. U.B. Sarma, learned counsel for the appellants and also heard Mr. P.S. Deka, learned Senior Counsel assisted by Ms. A. Bujarbaruah, learned counsel for the respondents.

(2.) In this second appeal, under Sec. 100 of the Code of Civil Procedure, 1908, the appellants have challenged the judgment and decree, dtd. 22/1/2015, passed by the learned District Judge, Nalbari, in Title Appeal No.5/2013 arising out of the judgment and decree dtd. 14/8/2013, passed by the learned Civil Judge, Nalbari, in Title Suit No.02/2011. It is to be noted here that vide impugned judgment and decree dtd. 22/1/2015, the learned District Judge, Nalbari ('First Appellate Court' for short), had upheld the judgment and decree dtd. 14/8/2013,passed by the learned Civil Judge, Nalbari (trial court hereinafter) in T.S. No. 02 of 2011 whereby the learned Civil Judge had dismissed the suit of the appellants/plaintiffs and upheld the decree passed in the counter claim of the present respondents/defendants Nos.6 and 7.

(3.) For the sake of convenience and also to avoid confusion, the parties herein are referred to in the same status, as appeared in the title suit, being Title Suit No.2/2011.