PARIMAL KEJRIWAL & ANR. Vs. LEGAL HEIRS NILIMA PAUL & ORS.
LAWS(GAU)-2018-9-159
HIGH COURT OF GAUHATI
Decided on September 03,2018

Parimal Kejriwal And anr. Appellant
VERSUS
Legal Heirs Nilima Paul And ors. Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. G. N. Sahewalla, the learned senior counsel assisted by Mr. M. Sahewalla, learned counsel appearing for the petitioners as well as Mr. S. Dutta, the learned senior counsel assisted by Mr. S. Dutta, learned counsel appearing for the respondents.
(2.) By this application under Article 227 of the Constitution of India, the petitioners have challenged the order dated 02.05.2018 passed by the learned District Judge, Dibrugarh, thereby rejecting petition No. 521/18 dated 23.02.2018, filed by the petitioners under Order XLI Rule 27 read with Section 151 CPC in connection with Title Appeal Case No. 15/17 (Title Appeal No. 40/2010).
(3.) The predecessor-in-interest of the respondents, namely, Radheshyam Paul, was the landlord of the petitioners. He had filed Title Suit No. 3/2003 for eviction of the petitioners from the suit premises. Title Suit No. 3/2003 was decreed by the learned Court of Munsiff No. 1, Dibrugarh by judgment and decree dated 25.08.2010. The petitioners, being defendants No. 1 and 2 had filed an appeal, being Title Appeal No. 40/2010, which was dismissed by first appellate judgment and decree dated 31.03.2015.;


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