Page No.# 1/3 vs Md. Abdul Matin Pradhani
2021 Latest Caselaw 2824 Gua

                                                                     Page No.# 1/3

GAHC010105462021




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                   Case No. : I.A.(Civil)/1646/2021 in RSA/97/2021


         SAMI AKHTARA BEGUM AND 3 ORS.
         W/O- ABDUL KHALEQUE
         R/O- VILL. NO.1 KAPLABORI
         P.O. NO. 1 KAPLABORI
         P.S. MUKALMUA
         DIST.- BALBARI
         ASSAM

         2: MISS ARJINA BEGUM
         D/O- ABDUL KHALEQUE
          R/O- VILL. NO.1 KAPLABORI
          P.O. NO. 1 KAPLABORI
          P.S. MUKALMUA
          DIST.- BALBARI
         ASSAM

         3: MD. JAHANGIR ALI
         S/O- ABDUL KHALEQUE
         R/O- VILL. NO.1 KAPLABORI
         P.O. NO. 1 KAPLABORI
         P.S. MUKALMUA
         DIST.- BALBARI
         ASSAM

         4: MISS RUJINA BEGUM
         D/O- ABDUL KHALEQUE
         R/O- VILL. NO.1 KAPLABORI
         P.O. NO. 1 KAPLABORI
         P.S. MUKALMUA
         DIST.- BALBARI
         ASSAM. (APPELLANT NOS. 3 AND 4 ARE MINORS AND AS THEY ARE REP.
         BY THEIR MOTHER THE APPELLANT NO. 1).
         VERSUS

         MD. ABDUL MATIN PRADHANI
                                                                           Page No.# 2/3

            S/O- AZIZUR RAHMAN PRADHANI
            R/O- VILL. AND P.O. BONPURA
            MOUZA- UTTAR BARKHETRI
            P.S. MUKALMUA
            PIN- 781138
            DIST.- NALBARI
            ASSAM


            ------------
            Advocate for : MR. A IKBAL
            Advocate for : appearing for MD. ABDUL MATIN PRADHANI


                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

Date : 11.11.2021

I have heard Mr. A Ikbal, learned counsel for the applicant who submits that the decree dated 14.03.2019 passed by the trial Court is in respect of granting of the specific performance of the agreement dated 05.08.2016 and if the said decree is executed, the applicant shall be severely affected.

I have perused the said application and further taking into consideration that the instant appeal has already been admitted on substantial questions of law, it would be in the interest of justice that the said decree dated 08.04.2021 passed in Title Appeal No.1/2020 by the Court of the District Judge, Nalbari thereby affirming the findings of the trial Court in the judgment and decree dated 14.03.2019 passed in Title Suit No.5/2018 is stayed.

The instant interlocutory application stands disposed of.

JUDGE Page No.# 3/3

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