GUWAHATI, India, Jan. 3 -- Gauhati High Court issued the following order on Dec. 2:

1. Heard Mr. P. Khataniar, learned counsel representing the appellants as well as Mr. R.K. Bhuyan, learned counsel appearing for the respondents.

2. This is an appeal under Order 43 Rule 1(r) and under Section 151 of the Code of Civil Procedure challenging the order dated 20.09.2024 passed by the learned Civil Judge (Sr. Divn.) No.1, Kamrup (Metro) in Misc.(J) Case No.449/2024 arising out of Title Suit No.253/2024.

3. The case of the appellants, in brief, is like this- the appellants Smti. Geeti Bora and Kaushik Bora are the wife and son of late Deba Kumar Bora, who along with the respondent Nava Kumar Bora are the sons of late Keshab Ram Bora.

4. Late Keshab Ram Bora was the owner of a plot of land measuring about 17.39 Are covered by Dag No.1761 of K.P. Patta No.1128 within Ulubari Mouza and situated by the side of the G.S. Road, Guwahati. After his death on 12.10.1997, Keshab Ram Bora left behind late Bhanumati Bora, late Kartik Ram Bora, Nava Kumar Bora, late Deba Kumar Bora, Smti. Krishna Choudhury and Smti. Uma Bora. All of them inherited the aforesaid property. Their names were mutated in the revenue records. After the death of Kartik Ram Bora, the name of his wife Smti. Purobi Bora was mutated in the land records.

5. During his lifetime, late Keshab Ram Bora was running a petrol pump, apart from other businesses upon the said land. After the death of Keshab Ram Bora, his youngest son late Deba Kumar Bora took over the said business. Late Deba Kumar Bora was also running some other businesses over some portions of the said land. He continued to pay the land revenue and other taxes. Late Deba Kumar Bora was running his own businesses over an area of about 5111.52 sq.ft (Schedule-A land). On 05.08.2018, Deba Kumar Bora expired leaving behind the appellants as his only legal heirs.

6. After the death of Deba Kumar Bora, his wife and son mutated their names in the land records.

7. After the death of Deba Kumar Bora, his son Kaushik Bora (one of the appellants) started a Show Room of Suzuki Motorcycle Pvt. Ltd. under the name and style of "Hrishaan Motors". This business was being run from a building situated over the aforementioned land where the petrol pump stood.

8. Apart from the aforesaid business, Kaushik Bora was also running a car washing centre by the name of M/S. Bora Servicing Station Car washing point. This business was also running from the same building from where the business of Hrishaan Motors was running.

9. It is an admitted fact that the appellants and the respondents are joint pattadars in respect of the land left behind by late keshab Ram Bora.

10. In the meantime, Sri Kaushik Bora had received an occupation certificate from Gauhati Municipal Corporation in respect of the RCC G+3 Floor building standing over the land originally owned by late Keshab Ram Bora.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x39%2BlTmZsn0vjl62oUwtUkRwDoLCZxl9cmT8hj7d9fFv&caseno=CO/12/2025&cCode=1&cino=GAHC010165952025&state_code=6&appFlag=)

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