Gauhati High Court
On The Death Of Sudhangshu Deb His Legal … vs Dulal Chandra Das And Ors on 17 July, 2026
Page No.# 1/9
GAHC010088602025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA/18/2026
ON THE DEATH OF SUDHANGSHU DEB HIS LEGAL HEIRS AND
REPRESENTATIVE SMTI JONALI DEB
WIFE OF SUDHANGSHU DEB, RESIDENT OF NEW COLONY, NAUKA PUJA
TEMPLE , PANDU, JALUKBARI, GUWAHATI, KAMRUP METRO, ASSAM
VERSUS
DULAL CHANDRA DAS AND ORS
SONS OF LATE SURYA KUMAR DAS, RESIDENT OF AMERICAN COLONY,
P.O. PANDU, P.S. JALUKBARI, DIST KAMRUP (M), GUWAHATI-12,
2:HIMANGSHU BIMAL DAS
SONS OF LATE SURYA KUMAR DAS
RESIDENT OF AMERICAN COLONY
P.O. PANDU
P.S. JALUKBARI
DIST KAMRUP (M)
GUWAHATI-12
3:SUBHANGSHU BIMAL DAS
SONS OF LATE SURYA KUMAR DAS
RESIDENT OF AMERICAN COLONY
P.O. PANDU
P.S. JALUKBARI
GUWAHATI-12
DISTRICT KAMRUP(M)
ASSAM
4:STRUCK OFF
VIDE HON'BLE COURT'S ORDER DATED 22.08.2025 PASSED IN . I.A.(C) NO.
Page No.# 2/9
1509/2025
5:STRUCK OFF
VIDE HON'BLE COURT'S ORDER DATED 22.08.2025 PASSED IN . I.A.(C) NO.
1509/2025
6:JOGEN NATH SARMA
SON OF LATE SIDDHINATH SARMA
RESIDENT OF HATIGAON
5TH BYE LANE
P.O. AND P.S. DISPUR
GUWAHATI- 5
DIST. KAMRUP(M)
ASSAM
7:STRUCK OFF
VIDE HON'BLE COURT'S ORDER DATED 22.08.2025 PASSED IN . I.A.(C) NO.
1509/2025
8:SRI NIRANJAN KUMAR
SON OF LATE DHANIRAM KUMAR
NOS.7 AND 8 ARE RESIDENTS OF BORIPARA
MALIGAON
P.O. MALIGAON
GUWAHATI-11
DIST. KAMRUP(M)
ASSAM.
9:STRUCK OFF
VIDE HON'BLE COURT'S ORDER DATED 22.08.2025 PASSED IN . I.A.(C) NO.
1509/2025
10:ON THE DEATH OF CHANDRAKESH PATOWARY HIS LEGAL HEIRS AND
REPRESENTATIVES
NAMELY-
11:SRI PRAGYA PATOWARY (SON)
SON OF LATE CHANDRAKESH PATOWARY
RESIDENT OF C/O. MINTU DAS
HOUSE NO. 56
NEAR ASSAM FOREST SCHOOL
KHANAMUKH
P.O. GAUHATI UNIVERSITY
GUWAHATI-14
DIST. KAMRUP(M)
ASSAM
Page No.# 3/9
12:SRI NISHIT PATOWARY (SON)
SON OF LATE CHANDRAKESH PATOWARY
RESIDENT OF C/O. MINTU DAS
HOUSE NO. 56
NEAR ASSAM FOREST SCHOOL
KHANAMUKH
P.O. GAUHATI UNIVERSITY
GUWAHATI-14
DIST. KAMRUP(M)
ASSAM
13:SRI PRIYALAL DAS
SON OF HARIMOHAN DAS
R/O-NEAR BUDDHA MANDIR
P.O. PANDU
RESIDENT OF RAILWAY QR. NO.78/B
P.S. JALUKBARI
GUWAHATI-12
DIST. KAMRUP(M)
ASSAM.
14:SMTI SHIKHA DEY
WIFE OF KAMAL CHANDRA DEY
RESIDENT OF NEW ADABARI COLONY
NEAR RAILWAY QR. L138/B
P.O. PANDU
P.S.JALUKBARI
GUWAHATI-12
DIST. KAMRUP(M)
ASSAM
15:SMTI TAPASHI RAKHIT
WIFE OF BIPLAB RAKHIT
RESIDET OF NEW COLONY
P.O. PANDU
P.S. JALUKBARI
DIST. KAMRUP(M)
ASSAM
16:SMTI JUTIKA PATOWARY
WIFE OF LATE CHANDRAKESH PATOWARY
RESIDENT OF C/O. MINTU DAS
HOUSE NO. 56
NEAR ASSAM FOREST SCHOOL
KHANAMUKH
P.O. GAUHATI UNIVERSITY
GUWAHATI-14
Page No.# 4/9
DIST. KAMRUP(M)
ASSA
Advocate for the Petitioner : L K BORAH, C KALITA
Advocate for the Respondent : ,
Linked Case : I.A.(Civil)/536/2026
ON THE DEATH OF SUDHANGSHU DEB HIS LEGAL HEIRS AND
REPRESENTATIVE SMTI JONALI DEB
WIFE OF SUDHANGSHU DEB
RESIDENT OF NEW COLONY
NAUKA PUJA TEMPLE
PANDU
JALUKBARI
GUWAHATI
KAMRUP METRO
ASSAM
VERSUS
SRI DULAL CHANDRA DAS
SON OF LATE SURYA KUMAR DAS
2:SRI HIMANGSHU BIMAL DAS
SON OF LATE SURYA KUMAR DAS
3:SRI SUBHANGSHU BIMAL DAS
SONS OF LATE SURYA KUMAR DAS
ALL ARE RESIDENT OF AMERICAN COLONY
PANDU
JALUKBARI
GUWAHATI
KAMRUP METRO
ASSAM
4:STRUCK OFF
VIDE HON'BLE COURT'S ORDER DATED 22.08.2025 PASSED IN . I.A.(C) NO.
1509/2025
5:STRUCK OFF
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VIDE HON'BLE COURT'S ORDER DATED 22.08.2025 PASSED IN . I.A.(C) NO.
1509/2025
6:SRI JOGEN NATH SARMA
SON OF LATE SIDDHINATH SARMA RESIDENT OF HATIGAON
5TH BYE LANE
P.O. AND P.S. DISPUR
GUWAHATI- 5
DIST. KAMRUP(M)
ASSAM
7:STRUCK OFF
VIDE HON'BLE COURT'S ORDER DATED 22.08.2025 PASSED IN . I.A.(C) NO.
1509/2025
8:SRI NIRANJAN KUMAR
SON OF LATE DHANIRAM KUMAR
NOS.7 AND 8 ARE RESIDENTS OF BORIPARA
MALIGAON
P.O. MALIGAON
GUWAHATI-11
DIST. KAMRUP(M)
ASSAM
9:STRUCK OFF
VIDE HON'BLE COURT'S ORDER DATED 22.08.2025 PASSED IN . I.A.(C) NO.
1509/2025
10:ON THE DEATH OF CHANDRAKESH PATOWARY HIS LEGAL HEIRS AND
REPRESENTATIVES
NAMELY-
10.1:SMTI JUTIKA PATOWAR
WIFE OF LATE CHANDRAKESH PATOWARY
RESIDENT OF C/O. MINTU DAS
HOUSE NO. 56
NEAR ASSAM FOREST SCHOOL
KHANAMUKH
P.O. GAUHATI UNIVERSITY
GUWAHATI-14
DIST. KAMRUP(M)
ASSAM
10.2:SRI PRAGYA PATOWARY (SON)
SON OF LATE CHANDRAKESH PATOWARY
RESIDENT OF C/O. MINTU DAS
HOUSE NO. 56
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NEAR ASSAM FOREST SCHOOL
KHANAMUKH
P.O. GAUHATI UNIVERSITY
GUWAHATI-14
DIST. KAMRUP(M)
ASSAM
10.3:SRI NISHIT PATOWARY (SON)
SON OF LATE CHANDRAKESH PATOWARY
RESIDENT OF C/O. MINTU DAS
HOUSE NO. 56
NEAR ASSAM FOREST SCHOOL
KHANAMUKH
P.O. GAUHATI UNIVERSITY
GUWAHATI-14
DIST. KAMRUP(M)
ASSAM
11:11 SRI PRIYALAL DAS
SON OF HARIMOHAN DAS
NEAR BUDDHA MANDIR
P.O. PANDU
RESIDENT OF RAILWAY QR. NO.78/B
P.S. JALUKBARI
GUWAHATI-12
DIST. KAMRUP(M)
ASSAM.
12:12 SMTI SHIKHA DEY
WIFE OF KAMAL CHANDRA DEY
RESIDENT OF NEW ADABARI COLONY
NEAR RAILWAY QR. L138/B
P.O. PANDU
P.S.JALUKBARI
GUWAHATI-12
DIST. KAMRUP(M)
ASSAM.
13:13 SMTI TAPASHI RAKHIT
WIFE OF BIPLAB RAKHIT
RESIDET OF NEW COLONY
P.O. PANDU
P.S. JALUKBARI
DIST. KAMRUP(M)
ASSAM
------------
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Advocate for : L K BORAH
Advocate for : appearing for SRI DULAL CHANDRA DAS
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
17.07.2026
Heard Mr. L. K. Borah, learned counsel for the appellants.
This appeal, under Sections 100 and 151 of the Code of Civil Procedure,
read with Order XLII Rule 2 of the CPC is directed against the Judgment
dated 11.01.2024, and Decree dated 24.01.2024, passed by the learned
District Judge, Kamrup(M) (hereinafter, ‘First Appellate Court’), in Title Appeal
No. 09/2012.
It is to be noted here that vide impugned Judgment dated 11.01.2024,
and Decree dated 24.01.2024, the learned First Appellate Court has
dismissed the appeal preferred by the appellant/defendant and thereby,
upheld the Judgment and Decree dated 24.07.2012, passed by the learned
Civil Judge No. 3, Kamrup (M) at Guwahati (hereinafter, ‘Trial Court’), in T.S.
No. 317/2002.
Perused the memo of appeal and the grounds mentioned therein and also
perused the impugned Judgment dated 11.01.2024, and Decree dated
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24.01.2024, passed by the learned First Appellate Court and the Judgment
and Decree dated 24.07.2012, passed by the learned Trial Court and also
carefully gone through the suggested substantial question of law.
This appeal is admitted for hearing on the following substantial question
of law –
“(i) Whether the findings of the learned Courts below, in
respect of the ‘Prayer No. 5’ of the plaint of the
respondent/plaintiff for recovery of possession of the suit
land suffers from perversity, as no specific averment in the
pleading for dispossession of the respondents/plaintiffs by
the appellant/ defendant was made during pendency of the suit?
(ii) Whether the findings of the learned Courts below are
perverse for non-consideration of the material piece of
evidences that the respondents/plaintiffs have not challenged
the registered sale deeds, being Sale Deed No. 4542 dated
30.05.2001, Sale Deed No. 4543 dated 30.05.2001, Sale Deed No.
4544 dated 30.05.2001, Sale Deed No. 4545 dated 30.05.2001 and
Sale Deed No. 4546 dated 30.05.2001, which were executed by
the proforma defendant Nos. 6 & 7 in favour of the
appellant/defendant and the proforma respondent/defendant Nos.
11 to 13 and the predecessor of the proforma respondent Nos.
10(a) to 10(c).”
The Court may also consider framing of additional substantial question of law
at the time of hearing, if found necessary, after notifying both the parties.
Issue notice to the respondent, returnable in 4 (four) weeks.
Steps be taken by speed post and also by usual process, within a week from
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today.
Registry shall call for the records from the learned Courts below.
List this matter after 4 (four) weeks.
JUDGE
Comparing Assistant
