Gauhati High Court
Page No.# 1/4 vs Lutfur Rahman Laskar And 3 Ors on 26 October, 2021
Page No.# 1/4
GAHC010268782019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/367/2019
BASARAT ALI LASKAR AND 3 ORS.
S/O- LT ALAUDDIN LASKAR, R/O- CHANDIPUR GRANT, P.O. JANKIBAZAR,
P.S. PANCHGRAM, DIST- HAILAKANDI, ASSAM, PIN- 788801
2: ISHARAT ALI LASKAR
S/O- LT ALAUDDIN LASKAR
R/O- CHANDIPUR GRANT
P.O. JANKIBAZAR
P.S. PANCHGRAM
DIST- HAILAKANDI
ASSAM
PIN- 788801
3: LEGAL HEIRS OF LT. AZIRUDDIN LASKAR
HAILAKANDI
ASSAM
3.1: MOKRAM ALI LASKAR
R/O- BARUNCHERRA
P.O. MANIPUR
DIST- HAILAKANDI
ASSAM
PIN- 788165
3.2: EKRAM ALI LASKAR
R/O- BARUNCHERRA
P.O. MANIPUR
DIST- HAILAKANDI
ASSAM
PIN- 788165
3.3: MUSSTT. SANERA BEGUM LASKAR
R/O- BARUNCHERRA
P.O. MANIPUR
Page No.# 2/4
DIST- HAILAKANDI
ASSAM
PIN- 788165
4: AMIN UDDIN LASKAR
S/O- LT MABARAK ALI LASKAR
R/O- BARUNCHERRA
P.O. MANIPUR
DIST- HAILAKANDI
ASSAM
PIN- 78816
VERSUS
LUTFUR RAHMAN LASKAR AND 3 ORS.
S/O- LT ABDUS SAMAD LASKAR, R/O- JOYKRISHNAPUR, P.S. LALA, P.O.
RONGPUR SOUTH, DIST- HAILAKANDI
2:MUSSTT. MONORA BEGUM LASKAR
D/O- LT ABDUS SAMAD LASKAR
R/O- JOYKRISHNAPUR
P.S. LALA
P.O. RONGPUR SOUTH
DIST- HAILAKANDI
3:MUSSTT. DILARA BEGUM LASKAR
D/O- LT ABDUS SAMAD LASKAR
R/O- JOYKRISHNAPUR
P.S. LALA
P.O. RONGPUR SOUTH
DIST- HAILAKANDI
4:MUSSTT. HAMIDA BEGUM LASKAR
W/O- LT ABDUS SAMAD LASKAR
R/O- JOYKRISHNAPUR
P.S. LALA
P.O. RONGPUR SOUTH
DIST- HAILAKAND
Advocate for the Petitioner : MR. M H RAJBARBHUIYAN
Advocate for the Respondent : MR. S K GHOSH
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BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
26.10.2021
Heard the learned counsel for the petitioners as well as the counsel for the
respondents.
The instant revision application is filed challenging the impugned order
dated 11.09.2019, whereby the Executing Court i.e. the Court of the Munsiff No.
1, Hailakandi have rejected the applications seeking stay of the execution
proceedings in Title Execution Case No. 09/2011.
On a specific query to the counsel of the petitioners as to whether the
Judgement and Decree passed in T.S. No. 67/2005 has been put to challenge.
He has fairly submitted that there has been no challenge as of now till date to
the said Judgement and Decree passed in T.S. No. 67/2005 although they have
filed a partition suit being T.S. No. 35/2015.
Under such circumstances, in absence of a challenge to the Judgment and
Decree passed in T.S. 67/2005 and a stay being granted by a competent Court it
would not be permissible for the executing court to stay the executing
proceedings i.e. Title Execution Case No. 9/2011.
Under such circumstances, I do not see any error in the judgment
impugned before this Court and accordingly the instant petition stands
dismissed.
The interim order passed earlier stands vacated and the Executing Court
shall proceed with the execution proceedings i.e. Title Execution No. 9/2011 in
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accordance with law.
The Registry is directed to transmit a copy of the order to the Executing
Court.
It is however observed that the petitioners are always at liberty to
challenge the Judgment and Decree passed in T.S. No. 67/2005, if the law so
permits.
The petition stands disposed off.
The interim order if any stands vacated.
JUDGE
Comparing Assistant
