DYOTIKANA MEDHI Vs. SARITA DEVI JAIN

JUDGEMENT

(1.) Heard Mr. D. Das, learned Senior Counsel assisted by Mr. F. Faridi and Mr. G. Bharadwaj, learned counsel for the appellants. Also heard Mr. S. Sarma, learned Senior Counsel assisted by Mr. I. Chhaya and Mr. A. Gautam, learned counsel appearing for the sole respondent.

(2.) This is an appeal filed under Order XLIII Rule 1(r) read with Sec. 104 of the Code of Civil Procedure, 1908 against the order dtd. 6/11/2025, passed by the learned Civil Judge (Sr. Division) No.1, Kamrup (M) at Guwahati in Misc. (J) Case No. 852/2025, arising out of Title Suit No. 505/2023.

(3.) The background of the present appeal is that Late Kali Ram Medhi had three sons, namely, Ram Bhadra Medhi, Surendra Nath Medhi and Subhadra Medhi (all since deceased) and Late Ram Bhadra Medhi was the predecessor-in interest of the Appellants/Plaintiffs. The Appellants/ Plaintiffs are the legal heirs of Late Biro Bhadra Medhi, son of Late Ram Bhadra Medhi, who expired on 24/5/2021. It is relevant to mention herein that Late Subhadra Medhi was the owner and recorded pattadar of the Suit land, who died unmarried on 23/2/2016 and during his lifetime, he had executed a registered WILL dtd. 17/1/2015, before the Senior Sub-Registrar, Kamrup (Metro), Guwahati vide Registration No. 10, Serial No. 1232, wher-eby he bequeathed the Schedule A property in favour of the Appellants/Plaintiffs' predecessor-in-interest, Biro Bhadra Medhi (since deceased).