Mustafa Shahidul Islam vs Musstt. Manjula Hoque Islam And ...
2023 Latest Caselaw 1428 Gua

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GAHC010268692022




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



                             Case No : I.A.(Civil)/602/2023

         MUSTAFA SHAHIDUL ISLAM
         S/O LATE HAJI AMSAR ALI MUKHTAR
         RESIDENT OF CHRISTIAN BASTI
         GS ROAD
         GUWAHATI 781005
         KAMRUP M ASSAM


          VERSUS

         MUSSTT. MANJULA HOQUE ISLAM AND ANR.
         W/O MUSTAFA SHAHIDUL ISLAM
         RESIDENT OF FLAT NO. 202
         PANORAMA APARTMENT
         OPP. COMMERCE COLLEGE
         CHANDMARI
         GUWAHATI 781003
         KAMRUP M ASSAM

         2:KANAKESWAR GOGOI
         S/O BADURAM GOGOI
         VILLAGE LALUK PO LALUK
          DIST LAKHIMPUR
         ASSAM 787160
         ASSAM
          ------------
         Advocate for : MR P K KALITA
         Advocate for : appearing for MUSSTT. MANJULA HOQUE ISLAM AND ANR.
                                      In Case No. : RSA/31/2023

                   MUSTAFA SHAHIDUL ISLAM
                   S/O LATE HAJI AMSAR ALI MUKHTAR,
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                         RESIDENT OF CHRISTIAN BASTI, GS ROAD , GUWAHATI
                         781005, KAMRUP M ASSAM



                         VERSUS

                         MUSSTT. MANJULA HOQUE ISLAM AND ANR.
                         W/O MUSTAFA SHAHIDUL ISLAM, RESIDENT OF FLAT NO.
                         202, PANORAMA APARTMENT, OPP. COMMERCE COLLEGE,
                         CHANDMARI, GUWAHATI 781003, KAMRUP M ASSAM

                         2:KANAKESWAR GOGOI
                          S/O BADURAM GOGOI
                         VILLAGE LALUK PO LALUK
                          DIST LAKHIMPUR
                         ASSAM 787160
                         ASSA

             Advocate for the Petitioner   : MR P K KALITA

             Advocate for the Respondent :



                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                             ORDER

05.04.2023

Heard Mr. P. K. Kalita, learned counsel for the applicant.

This application is filed under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908, for stay of operation of the impugned order dated 04.11.2022 passed in Misc.(J) Case No. 187/2018 and consequently passing the judgment and order dated 04.11.2022 in Title Appeal No. 17/2018 by the Court of learned Civil Judge No. 2, Kamrup (M), Guwahati, dismissing the Title Appeal No. 17/2018 thereby confirming the judgment and decree dated 17.05.2017 passed by the learned Munsiff No. 1, Kamrup (M) at Guwahati Page No.# 3/3

passed in T.S. No. 437/2007.

Issue notice returnable after six weeks.

The applicant to take steps for issuance of notice upon the respondents, by way of registered post with A/D as well as by usual process within a period of 5(five) days from today.

Till return of notice, the impugned order dated 04.11.2022 passed in Misc. (J) Case No. 187/2018 and consequently passing the judgment and order dated 04.11.2022 in Title Appeal No. 17/2018 by the Court of learned Civil Judge No. 2, Kamrup (M), Guwahati, dismissing the Title Appeal No. 17/2018 thereby confirming the judgment and decree dated 17.05.2017 passed by the learned Munsiff No. 1, Kamrup (M) at Guwahati passed in T.S. No. 437/2007 shall remain suspended.

JUDGE

Comparing Assistant