Page No.# 1/3 GAHC010056782026 2026:GAU-AS:10414 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/96/2026 SMT. ANNA DEVI AND 2 ORS. W/O LATE DURGESWAR NATH, R/O BARONOLIA, WARD NO. 4, TEZPUR TOWN, P.O. AND P.S. - TEZPUR, DIST.- SONITPUR, ASSAM. 2: SMT NILAKSHI DEVI D/O LATE DURGESWAR NATH R/O BARONOLIA WARD NO. 4 TEZPUR TOWN P.O. AND P.S. - TEZPUR DIST.- SONITPUR ASSAM. 3: SMT MINAKSHI DEVI D/O LATE DURGESWAR NATH R/O BARONOLIA WARD NO. 4 TEZPUR TOWN P.O. AND P.S. - TEZPUR DIST.- SONITPUR ASSAM VERSUS SUMITA PAREEK AND ANR W/O KAMAKHYA PAREEK, R/O L.D. SARMA ROAD, WARD NO. 10, TEZPUR TOWN, P.O. AND P.S. - TEZPUR, DIST.- SONITPUR, ASSAM. 2:KAMAKHYA PAREEK S/O LATE SARNALAL PAREEK R/O L.D. SARMA ROAD WARD NO. 10 TEZPUR TOWN P.O. AND P.S. - TEZPUR Page No.# 2/3 DIST.- SONITPUR ASSAM Advocate for the Petitioner : MR P KALITA, J THAKURIA Advocate for the Respondent : MR. S K SINGH(R1,2), MR. P SUNDI(R1,2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.07.2026 1. Heard Mr. P. Kalita, learned counsel for the petitioners. Also heard Mr. P. Sundi, learned counsel for the respondent Nos.1 and 2. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 28.01.2026, passed by the learned Additional District Judge (FTC) Sonitpur, Tezpur in Title Appeal No.05/2024. 3. The petitioners filed a suit being Title Suit No.39/2021 in the Court of the learned Civil Judge (Sr. Division), Sonitpur, Tezpur. The suit was decreed. Therefore. the present respondents being the defendants before the Trial Court filed the appeal being Title Appeal No.05/2024 in the Court of the learned Additional District Judge (FTC) Sonitpur, Tezpur. 4. The petitioners have submitted that they did not receive any notice from the Appellate Court and ultimately the appeal was directed to be provided ex-parte. Thereafter, when the petitioners came to know about the appeal, they approached the Appellate Court by filing some petitions under Order IX Rule 13 of the Code of Civil Procedure along with the petition under Section 5 of the Limitation Act. Both the petitions were dismissed by the learned Appellate Court for certain reasons, which do Page No.# 3/3 not require any deliberation at this stage. 5. I have considered the submissions made by the learned counsel for the both sides in the light of the materials available on record. 6. This Court is of the opinion that the petitioners should be given one opportunity to contest the appeal. 7. Therefore, the impugned order dated 28.01.2026, passed by the Additional District Judge (FTC) Sonitpur, Tezpur in Title Appeal No.05/2024 is set aside. 8. The present petitioners shall be given an adequate opportunity to contest the appeal. 9. The Appellate Court shall dispose of the appeal after hearing both the sides. 10. With the aforesaid direction, this Civil Revision Petition stands disposed of. JUDGE Comparing Assistant