JAHANARA BEGUM AND ORS Vs. AMINA KHATOON AND ORS
HIGH COURT OF GAUHATI
Jahanara Begum And Ors
Amina Khatoon And Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. Sheeladitya, the learned Advocate for the appellants, Mr. N. Alam, learned Advocate for the respondent No.1 and proforma respondent No. 3 and Mr. M. Das, the learned Advocate for the respondent No.2.
(2.) By this appeal under Section 96 CPC, the appellants have challenged the judgment and decree dated 02.08.2004, passed by the learned Civil Judge (Senior Division) No.3, Kamrup, Guwahati in Title Suit No. 194/1999, thereby partly decreeing the suit.
(3.) Before entering into the merit of this appeal, it would be relevant to mention that on the submissions made by the learned counsel for the respondent No.2, that the respondent No.2 had filed an appeal, being R.F.A. No. 140/2004 before this Court against the same impugned judgment, this Court by order dated 08.08.2017, had directed this appeal to be listed for hearing along with the said RFA 140/2004. The Registry had put-up a note to inform this Court that pursuant to the orders passed by this Court, the record of RFA No. 140/2004 was transferred for disposal before the Court of the learned District Judge, Kamrup, Guwahati vide Memo No.HCXVI-2013/FA dated 13.09.2006. However, having seen that for last 12 years the parties to the said appeal had not taken any steps in the said appeal and they are not aware of the present status and/or outcome of the said appeal, this Court on finding that the LCR of TS No. 194/1999, relating to the said RFA No. 140/2004 was available in 'lower court record', by order dated 02.02.2018, this appeal was directed to be listed for hearing, even at the risk of conflict of decision by both courts.;
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