HAFSA KHANAM Vs. LEGAL HEIRS OF AMARENDRA GOSWAMI

JUDGEMENT

(1.) Heard Mr. A. Das, the learned counsel for the petitioner as well as Mr. R.K. Bhuyan, the learned counsel for the respondents.

(2.) This application under Article 227 of the Constitution of India has been filed for challenging the order dated 29.08.2016, passed by the learned Munsiff No.2 Kamrup (Metropolitan), Guwahati in Misc.(J) Case No. 412/2015 arising out of Title Suit No.171/2013, by which the prayer for amendment of the plaint was allowed.

(3.) The petitioner is the plaintiff in Title Suit No. 454/2006 (re-numbered as T.S. No.146/2007). The suit was instituted under section 6 of the Specific Relief Act, 1963, seeking recovery of possession of the suit land measuring 1 katha - 10 lechas from the predecessor-in-interest of the respondents herein. The said suit was decreed by the learned Munsiff No.4, Kamrup (M), Guwahati by judgment and decree dated 07.12.2011. The decree was put into execution and the possession of the suit land was restored to the petitioner on 08.07.2013. The petitioner is in peaceful possession of the said land. As per statements made in this application, the original defendant in the said suit had preferred an appeal being Title Appeal No.105/2011, which was dismissed by First Appellate Judgment and decree dated 26.03.2013 passed by the learned Civil Judge No.3, Kamrup (M), Guwahati. In view of the provisions of Section 6(3) of Specific Relief Act, 1963, this Court reserves its comments on how the appeal was entertained and adjudicated because the same is not the subject matter of the present challenge.