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2025 DAILYLAW 3825 (GAU)

ASAB UDDIN AND 6 ORS v. SUNAB ALI

RSA/36/2025 · 2026-08-18

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010192102019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RSA/36/2025 ASAB UDDIN AND 6 ORS S/O LATE AHMED ALI, RESIDENT OF VILLAGE KILURBOND, PO LEELACHILLA, PS RATABARI, DIST KARIMGANJ, ASSAM, 788734 2: ALA UDDIN S/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 3: NAZIM UDDIN S/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 4: MUSSTT. BEGUM D/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 Page No.# 2/5 5: MUSSTT. MONOWARA BEGUM D/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 6: MUSSTT. ANOWARA BEGUM D/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 7: RAHMAT ALI S/O LATE AYUB ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 78873 VERSUS SUNAB ALI S/O LATE AYUB ALI VILLAGE SARKARIBARI, PO AND PS RATABARI, DIST KARIMGANJ, ASSAM 788735 Advocate for the Petitioner : MR. A R TALUKDAR, Advocate for the Respondent : MR H K BARUAH, MISS. P M AHMED,MR. A AHMED,MR. M ALAM,MR. M A CHOUDHURY (R-1) Page No.# 3/5 Linked Case : I.A.(Civil)/873/2025 ASAB UDDIN AND 6 ORS S/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 2: ALA UDDIN S/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 3: NAZIM UDDIN S/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 4: MUSSTT. BEGUM D/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 5: MUSSTT. MONOWARA BEGUM D/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI Page No.# 4/5 DIST KARIMGANJ ASSAM 788734 6: MUSSTT. ANOWARA BEGUM D/O LATE AHMED ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 7: RAHMAT ALI S/O LATE AYUB ALI RESIDENT OF VILLAGE KILURBOND PO LEELACHILLA PS RATABARI DIST KARIMGANJ ASSAM 788734 VERSUS SUNAB ALI S/O LATE AYUB ALI VILLAGE SARKARIBARI PO AND PS RATABARI DIST KARIMGANJ ASSAM 788735 ------------ Advocate for : MR. A R TALUKDAR Advocate for : MR. M A CHOUDHURY appearing for SUNAB ALI :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 19.08.2026 Heard Mr. A.R. Talukdar, the learned counsel appearing for the appellants. Also heard Mr. A. Ahmed, learned counsel representing the sole respondent. Page No.# 5/5 2. This is a Regular Second Appeal under Section 100 of the Code of Civil Procedure challenging the judgment dated 30.08.2017 passed by the learned Civil Judge, Karimganj in Title Appeal No.31/2016 reversing the judgment and decree dated 16.08.2016 passed by the learned Munsiff No.2, Karimganj in Title Suit No. 250/2007. 3. The present respondent Sunab Ali filed the suit being Title Suit No.250/2007 praying for some reliefs. He prayed for a declaration that the documents in Schedule- III are void ab initio, collusive, fraudulent and required to be cancelled. He also prayed for a declaration that he is the owner of the land mentioned in Schedule-I by way of inheritance and purchase having right, title and interest and for confirmation of possession thereon. The respondent further prayed for a declaration that the present petitioners do not have right, title and interest over the suit land. 4. The learned Munsiff No.1 dismissed the suit of the respondent with costs. He filed an appeal. The learned appellate court disagreed with the decision of the learned trial court and simply “decreed” the suit. The appellate court did not specifically state as to what reliefs were granted by it. 5. It is a settled law that every court passing a decree in a suit must specifically mention the reliefs granted by it. This Court is of the opinion that the appellate court’s judgment passed by the learned Civil Judge in Title Appeal No.31/2016 is bad in law and stands set aside. 6. The case is remanded to the court of the learned Civil Judge, Karimganj to pass a fresh judgment after hearing oral arguments of both sides. With the aforesaid direction, the Regular Second Appeal as well as the connected Interlocutory Application, both are disposed of. JUDGE Comparing Assistant