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GAHC010263412022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3835/2022
ASMOT PARAMANIK @ ASMAT ALI PARAMANIK
S/O LATE SAHEB ALI PARAMANIK,
RESIDENT OF BAMUNPARA PART V, PS BILASIPARA, DIST DHUBRI,
ASSAM 783348.
VERSUS
ABDUL BATEN AND ORS.
S/O ABDUS SATTAR, RESIDENT OF VILLAGE HATIPOTA PART II, PS
BILASIPARA, DIST DHUBRI, ASSAM 783348
2:ASHAN PARAMANIK
S/O LATE SAHEB PARAMANIK
RESIDENT OF BAMUNPARA PART V
PS BILASIPARA
DIST DHUBRI
ASSAM 783348
3:AZAM PARAMANIK
S/O LATE SAHEB PARAMANIK
RESIDENT OF BAMUNPARA PART V
PS BILASIPARA
DIST DHUBRI
ASSAM 783348
4:KURAN PARAMANIK
S/O LATE RAHMAT PARAMANIK
RESIDENT OF BAMUNPARA PART V
PS BILASIPARA
DIST DHUBRI
ASSAM 783348
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5:MATLEB PARAMANIK
S/O LATE RUSTOM PARAMANIK
RESIDENT OF BAMUNPARA PART V
PS BILASIPARA
DIST DHUBRI
ASSAM 783348
6:SRI TULBAR ALI @ MASHAN ALI
S/O LATE JHALKU SK
VILLAGE SATBAR
7:SRI RANJAN KALITA
S/O UNKNOWN
VILLAGE DURGAPUR
BILASIPARA TOWN
8:SRI DIPAK KUMAR PATOR
S/O LILA KR. PATOR
VILLAGE DIMATOLA WARD NO. 3 PS BILASIPARA
DIST DHUBRI
ASSAM 783348
9.1:LEGAL HEIRS OF MANGAL CH. DAS
BABLU SARKAR
RESIDENT OF RAMFALBIL
KOKRAJHAR TOWN
PO AND PS KOKRAJHAR
DIST KOKRAJHAR
ASSAM
9.2:CHANDRA SARKAR
RESIDENT OF RAMFALBIL
KOKRAJHAR TOWN
PO AND PS KOKRAJHAR
DIST KOKRAJHAR
ASSAM
9.3:SOPRA MAJUMDAR
RESIDENT OF RAMFALBIL
KOKRAJHAR TOWN
PO AND PS KOKRAJHAR
DIST KOKRAJHAR
ASSA
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Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
03.01.2023 Heard Mr. M. A. Sheikh, learned counsel for the applicant.
By this application under Section 151 of the CPC, Order XLI Rule 5 read with Section 151 of the CPC, the applicant has prayed for partial modification of the order dated 21.11.2022 passed in the connected RSA No. 159/2022.
Issue notice.
Steps within 3 days by registered A/D post and by usual process. On perusal of the record of the connected RSA No. 159/2022, it is noticed that the aforesaid appeal has been preferred against the impugned judgment and decree, dated 24.08.2022, passed by the learned Civil Judge (Sr. Divn.), Dhubri in T. A. No. 8/2018 upholding the judgment and decree dated 22.12.2017 passed by the learned Munsiff, Bilasipara in T.S. No. 30/2007. This Court admitted the said Appeal vide order, dated 21.11.2022, on some substantial questions of law.
It is further noticed that required steps for service of notices has been taken by registered A/D post for service on the respondents. However, it appears that the learned Munsiff at Bilasipara has in the meantime registered Title Execution No.06/2022 for execution of the said decree and issued notice. Although, by order, dated 21.11.2022 passed in RSA No. 159/2022, this Court directed that the connected I.A. will be considered after appearance of the Page No.# 4/4 respondent, for the ends of justice and in view of above, till the returnable date, further proceeding in Title Execution No. 06/2022 of the Court of learned Munsiff, Bilasipara shall remain stayed.
List the matter on 03.03.2023.
JUDGE Comparing Assistant