Unisa Roy vs On The Death Of Haji Md. Jahurul ...
2021 Latest Caselaw 2629 Gua

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GAHC010194472018




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

                                  Case No. : CRP/180/2018

            UNISA ROY
            W/O- SRI TAPAS ROY, R/O- 2ND LINK ROAD, SILCHAR, P.O- SILCHAR-
            788001, DIST- CACHAR, ASSAM



            VERSUS

            ON THE DEATH OF HAJI MD. JAHURUL HOQUE MAJUMDER
            S/O- LATE HAJI AHMED ALI MAJUMDER, R/O- KANAKPUR, PART-I, P.O-
            KANAKPUR- 788006, DIST CACHAR, ASSAM

            1.1:TAMANNA BEGUM MAZUMDAR
            W/O- LATE HAJI MD. JAHURUL HOQUE MAJUMDER.

            1.2:MANJUR AHMED MAZUMDAR
             S/O- LATE HAJI MD. JAHURUL HOQUE MAJUMDER.

            1.3:RAJA AHMED MAZUMDAR
             S/O- LATE HAJI MD. JAHURUL HOQUE MAJUMDER.

            1.4:SHAMMI BARLASKAR
             D/O- LATE HAJI MD. JAHURUL HOQUE MAJUMDER.

            1.5:RUBINA BEGUM LASKAR
             D/O- LATE HAJI MD. JAHURUL HOQUE MAJUMDER.
            ALL ARE R/O- KANAKPUR
             PART- I
             P.O.- KANAKPUR- 788006
             DIST.- CACHAR
            ASSAM

Advocate for the Petitioner   : MR. N DHAR
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Advocate for the Respondent : MR. S P CHOUDHURY




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

29.10.2021

Heard Mr. N. Dhar, the learned counsel for the petitioner as well as Mr. S.P. Choudhury, the learned counsel appearing for the respondent.

It has been submitted on behalf of Mr. S.P. Choudhury that the decree of eviction so passed has already been executed and possession has already been handed over to the decree-holder. Under such circumstances, the question of stay of the operation of the impugned judgment and decree dated 26.04.2018 passed by the Civil Judge, Cachar, Silchar in Title Appeal No.10/2016 does not arise in the facts and circumstances of the case.

Mr. S.P. Choudhury has produced before me a copy of the order dated 27.11.2019 passed Title Execution Case No.38/2018 wherein the Executing Court have recorded the satisfaction of the aforementioned decree. Thus the copy of the said record is kept on record.

List the case on 18.11.2021.

JUDGE

Comparing Assistant