Hanif Ali vs Nayan Ali And Ors
2022 Latest Caselaw 2340 Gua

                                                             Page No.# 1/4

GAHC010124682022




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


                              I.A.(Civil)/1968/2022

          HANIF ALI
          S/O LATE SOBHAN ALI VILLAGE SAPRA
          MOUZA NAJIA
          PO JONAI
          DIST BARPETA
          ASSAM


          VERSUS

          NAYAN ALI AND ORS.
          S/O LATE NABAB ALI RESIDENT OF VILLAGE RUPAKUCHI
          MOUZA JANIA
          PO KADONG
          DIST BARPETA
          ASSAM
          781314

          2:LEGAL HEIRS OF LATE ALI BAKSHA
           SOHRAB ALI
          S/O LATE ALI BAKSHA
          RESIDENT OF VILLAGE GAGALMARI
           MOUZA JANIA
           PO KADONG
           DIST BARPETA
          ASSAM
           781314
           3:ABDUL LATIF
          S/O LATE ALI BAKSHA
          RESIDENT OF VILLAGE GAGALMARI
           MOUZA JANIA
           PO KADONG
           DIST BARPETA
          ASSAM
                                                         Page No.# 2/4

781314
4:BASCHU MIAH
S/O LATE ASUR UDDIN
RESIDENT OF VILLAGE GAGALMARI
MOUZA JANIA
PO KADONG
DIST BARPETA
ASSAM
781314
------------
Advocate for : MR. B C DAS
               Mr. D.A. KAIYUM
Advocate for : appearing for NAYAN ALI AND ORS.


                   In Case No. : RSA/113/2022

HANIF ALI
S/O LATE SOBHAN ALI VILLAGE SAPRA, MOUZA NAJIA, PO JONAI,DIST
BARPETA, ASSAM



VERSUS

NAYAN ALI AND ORS.
S/O LATE NABAB ALI RESIDENT OF VILLAGE RUPAKUCHI, MOUZA JANIA,
PO KADONG, DIST BARPETA, ASSAM, 781314

2:LEGAL HEIRS OF LATE ALI BAKSHA
 SOHRAB ALI
 S/O LATE ALI BAKSHA
RESIDENT OF VILLAGE GAGALMARI
 MOUZA JANIA
 PO KADONG
 DIST BARPETA
ASSAM
 781314

3:ABDUL LATIF
 S/O LATE ALI BAKSHA
RESIDENT OF VILLAGE GAGALMARI
 MOUZA JANIA
 PO KADONG
 DIST BARPETA
ASSAM
 781314
                                                                                    Page No.# 3/4

             4:BASCHU MIAH
              S/O LATE ASUR UDDIN
             RESIDENT OF VILLAGE GAGALMARI
              MOUZA JANIA
              PO KADONG
              DIST BARPETA
             ASSAM
              78131

Advocate for the Petitioner   : MR. B C DAS

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 18.07.2022

Heard Mr. B.C. Das, the learned Senior Counsel assisted by Mr. D. A. Kaiyum for the applicant.

This is an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908(for short "the Code") for stay of the judgment and decree dated 31/3/2022 passed in Title Appeal No. 42/2018 by the Court of the Civil Judge, Barpeta.

The accompanying second appeal has already been admitted by formulating the substantial question of law in terms with Section 100(4) of the Code.

Perusal of the decree shows that there is a direction being issued to the concerned Revenue Authority to mutate the name of Nayan Ali only in respect to the Schedule X(I) land. Taking into account the said directions issued in the said decree, this Court deems it proper to stay the said judgment and decree dated 31/03/2022 passed in Title Appeal No. 42/2018 till the disposal of the appeal.

The IA stands disposed off accordingly.

JUDGE Page No.# 4/4

Comparing Assistant