Page No.# 1/3 vs Mrs. Rukshana Rahman Khan And 5 Ors
2023 Latest Caselaw 2732 Gua

                                                                     Page No.# 1/3

GAHC010035522019




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

                             Case No. : RFA/33/2019

         MR. TARIQ MDR RAHMAN AND 2 ORS.
         S/O- LATE MD. AZIZUR RAHMAN
         R/O- C.R. BUILDING, NIRMALI GAON, P.O., P.S. AND DIST.- DIBRUGARH,
         ASSAM

         2: MR. SAJEED MDR RAHMAN
          S/O- LATE MD. AZIZUR RAHMAN
         R/O- C.R. BUILDING
          NIRMALI GAON
          P.O. P.S. AND DIST.- DIBRUGARH
         ASSAM

         3: MR. SHAUKAT MDR RAHMAN
          S/O- LATE MD. AZIZUR RAHMAN
         R/O- C.R. BUILDING
          NIRMALI GAON
          P.O. P.S. AND DIST.- DIBRUGARH
         ASSA

         VERSUS

         MRS. RUKSHANA RAHMAN KHAN AND 5 ORS.
         W/O- SRI JAMSHED AHMED KHAN
         PRESENT RESIDENT OF ANAND NAGAR, BYE LANE NO. 2, MULUKUBASA,
         DIBRUGARH TOWN, P.O., P.S. AND DIST.- DIBRUGARH, ASSAM

         2:MRS. SHEHLA RAHMAN
         W/O- LATE SAURAV KHOUND
         PRESENT RESIDENT OF HOUSE NO. 11
          SUNDARPUR
          R.G. BARUA ROAD
          GUWAHATI-5, DIST.- KAMRUP
         ASSAM
                                                                             Page No.# 2/3

           3:MRS. LUBNA HUQ
            PRESENT RESIDENT OF GROUND FLOOR (REAR)
            238- KAILASH HILLS
            EAST OF KAILASH
            NEW DELHI- 110065.

           4:SHAMSHUN TEA AND INDUSTRIES (P) LTD.
           A PRIVATE LIMITED COMPANY HAVING ITS REGISTEREDOFFICE AT
           NIRMALI GAON
            P.O.- C.R. BUILDING
            DIBRUGARH TOWN
            P.O. P.S. AND DIST.- DIBRUGARH
           ASSAM

           5:MR. SHAHID NAWAZ SAIKIA
            S/O- SRI SAFIUR RAHMAN SAIKIA
           R/O- HOUSE NO. 15 SUNDARPUR
            R.G. BARUA ROAD
            GUWAHATI-5, DIST.- KAMRUP
           ASSAM.

           6:MR. SAKIB RAHMAN SAIKIA
            S/O- SRI SAFIUR RAHMAN SAIKIA
           R/O- HOUSE NO. 15 SUNDARPUR
            R.G. BARUA ROAD
            GUWAHATI-5, DIST.- KAMRUP
           ASSAM

Advocate for the Petitioner : MR G CHOUDHURY
Advocate for the Respondent : MR G N SAHEWALLA (R1-R3)




                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

24-07-2023 Heard Shri G. Choudhury, learned counsel for the appellants whereas Shri G. N. Sahewalla, learned Senior Counsel is present for the opposite parties.

The Senior Counsel for the opposite party has submitted that after admission of this appeal, an order has been passed in IA(C) No. 949/2019 as a result of which the respondent decree holder are suffering. He, accordingly, submits that either a direction Page No.# 3/3

be issued requiring deposit of at least 50% of the amount or as the matter be taken up for expeditious hearing.

Shri Choudhury, the learned counsel for the appellant however submits that a bare perusal of the impugned judgment and decree would bring this Court to a conclusion that the same is not sustainable in law. He has also submitted that as per his instructions, there is a talk of compromise as the parties involved are siblings.

Be that as it may, this Court is of the opinion that since the order dated 06.12.2019 passed in the Interlocutory Application is still operating, instead of modifying the same, the interest of justice would be served if the entire appeal is taken up for hearing and disposal by an early date.

This Court has also been apprised that LCR has been received. In view of the same, let the appeal be listed for hearing on 10.08.2023.

JUDGE

Comparing Assistant