MD. SAFIQUL ISLAM Vs. LEGAL HEIRS RENUPRAVA DEKA

JUDGEMENT

(1.) Heard Mr. NN Jha, learned counsel for the petitioner. Also heard Mr. M K Chou-dhury, learned Senior counsel assisted by Ms. N Ahmed, learned counsel for the legal heirs of deceased respondent No. 2.

(2.) Order dated 20.05.2009 passed in Misc (J) case No. 90/2008 arising out of T.S. No. 157/2007 in the court of learned Civil Judge No. 2, Kamrup (M) is under challenge. The petitioners filed T.S. No. 157/2007 against the predecessor in interest of the respondent No. 1 and other respondents as defendants seeking for the following reliefs:

(3.) The suit was filed on 21.06.2007. In the plaint the relevant paragraphs in order to decide this application is reproduced hereinbelow: