HIRA HUSSAIN Vs. LAILA KHATOON

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr. A. Sahewalla, learned counsel appearing for the petitioners. Also heard Mr. Diganta Das, learned senior counsel assisted by Mr. R. Singha, learned counsel appearing for the respondents.

(2.) The challenge in this application under Article 227 of the Constitution of India is the order dated 10.03.2014 passed by the learned Munsiff No. 1, Jorhat in Misc.(J) Case No. 46/2009, arising out of T.Ex. Case No. 19/2004. By the said order the application filed by the respondents under the provisions of Section 47 read with Section 151 of the Civil Procedure Code (CPC for short), wherein it was prayed for restoration of the possession of the Schedule-B property to the respondents by evicting the petitioners was allowed.

(3.) This case has seen third round of litigation and, as such, only the facts and events relevant to the present application only is being put on record and this judgment is not burdened with other facts not necessary to be dealt herein.