Abdul Khalique vs Abdul Latif And 12 Ors
2023 Latest Caselaw 2639 Gua

                                                               Page No.# 1/6

GAHC010083512023




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

                             I.A.(Civil)/1316/2023

         ABDUL KHALIQUE
         S/O LATE WATIR ALI
         RESIDENT OF VILLAGE LATU PURANPARA (LATUKANDI) PO LATU
         PS AND DIST KARIMGANJ
         ASSAM.


          VERSUS

         ABDUL LATIF AND 12 ORS .
         S/O LATE AKAL MIA RESIDENT OF VILLAGE LATU KANDI PO LATU
         PS AND DIST KARIMGANJ
         ASSAM.

         2:MUSSTT. ANOWARA BEGUM
         D/O AKAL MIA
         RESIDENT OF VILLAGE LATU KANDI PO LATU
          PS AND DIST KARIMGANJ
         ASSAM.
          3:SUMI BEGUM
         W/O MD. ALLA UDDIN

         RESIDENT OF VILLAGE LATU KANDI PO LATU
         PS AND DIST KARIMGANJ
         ASSAM.
         4:ALLA UDDIN
         S/O LATE AKAL MIA
         RESIDENT OF VILLAGE LATU KANDI PO LATU
         PS AND DIST KARIMGANJ
         ASSAM.
         5:SAYED NURUL ISLAM
         S/O LATE SAYED PIR BADRUJJAMAN
         RESIDENT OF VILLAGE LATU KANDI PO LATU
         PS AND DIST KARIMGANJ
         ASSAM.
                                                    Page No.# 2/6

6:LATU KANDI JAME MOSJID
REPRESENTED BY THE SECRETARY OF THE MASJID COMMITTEE NAMELY
MOSTOKIN ALI
S/O LATE KALA MIA

RESIDENT OF VILLAGE LATU KANDI PO LATU
PS AND DIST KARIMGANJ
ASSAM.
7:THE STATE OF ASSAM
ASSAM
8:THE SETTLEMENT OFFICER

KARIMGANJ
PO PS AND DIST KARIMGANJ
ASSAM
9:ABDUL MALIK
S/O WATIR ALI

RESIDENT OF VILLAGE AND PO DASGRAM
PS AND DIST KARIMGANJ
ASSAM
10:ABDUR RAHMAN
S/O WATIR ALI

RESIDENT OF VILLAGE AND PO DASGRAM
PS AND DIST KARIMGANJ
ASSAM
11:JUNU BIBI
D/O WATIR ALI

W/O JAMIR ALI

RESIDENT OF VILLAGE AND PO DASGRAM
PS AND DIST KARIMGANJ
ASSAM
12:MINU BEGUM
D/O WATIR ALI

W/O AKADDAS ALI
RESIDENT OF VILLAGE AND PO DASGRAM
PS AND DIST KARIMGANJ
ASSAM
13:AINUR BIBI
W/O ABDUL MALIK
VILLAGE SONODORI
PO DASGRAM/BISHNUNAGAR
PS AND DIST KARIMGANJ
ASSAM
                                                         Page No.# 3/6

------------
Advocate for : MR H R CHOUDHURY
Advocate for : appearing for ABDUL LATIF AND 12 ORS .


                    In Case No. : RSA/72/2023

ABDUL KHALIQUE
S/O LATE WATIR ALI,
RESIDENT OF VILLAGE LATU PURANPARA (LATUKANDI) PO LATU, PS
AND DIST KARIMGANJ, ASSAM.



VERSUS

ABDUL LATIF AND 12 ORS .
S/O LATE AKAL MIA
RESIDENT OF VILLAGE LATU KANDI PO LATU, PS AND DIST KARIMGANJ,
ASSAM.

2:MUSSTT. ANOWARA BEGUM
 D/O AKAL MIA
RESIDENT OF VILLAGE LATU KANDI PO LATU
 PS AND DIST KARIMGANJ
ASSAM.

3:SUMI BEGUM
W/O MD. ALLA UDDIN

RESIDENT OF VILLAGE LATU KANDI PO LATU
PS AND DIST KARIMGANJ
ASSAM.

4:ALLA UDDIN
 S/O LATE AKAL MIA
RESIDENT OF VILLAGE LATU KANDI PO LATU
 PS AND DIST KARIMGANJ
ASSAM.

5:SAYED NURUL ISLAM
 S/O LATE SAYED PIR BADRUJJAMAN
RESIDENT OF VILLAGE LATU KANDI PO LATU
 PS AND DIST KARIMGANJ
ASSAM.

6:LATU KANDI JAME MOSJID
 REPRESENTED BY THE SECRETARY OF THE MASJID COMMITTEE
                                          Page No.# 4/6

NAMELY MOSTOKIN ALI
S/O LATE KALA MIA

RESIDENT OF VILLAGE LATU KANDI PO LATU
PS AND DIST KARIMGANJ
ASSAM.

7:THE STATE OF ASSAM
ASSAM

8:THE SETTLEMENT OFFICER

KARIMGANJ
PO PS AND DIST KARIMGANJ
ASSAM

9:ABDUL MALIK
 S/O WATIR ALI

RESIDENT OF VILLAGE AND PO DASGRAM
PS AND DIST KARIMGANJ
ASSAM

10:ABDUR RAHMAN
 S/O WATIR ALI

RESIDENT OF VILLAGE AND PO DASGRAM
PS AND DIST KARIMGANJ
ASSAM

11:JUNU BIBI
 D/O WATIR ALI

W/O JAMIR ALI

RESIDENT OF VILLAGE AND PO DASGRAM
PS AND DIST KARIMGANJ
ASSAM

12:MINU BEGUM
 D/O WATIR ALI

W/O AKADDAS ALI
RESIDENT OF VILLAGE AND PO DASGRAM
PS AND DIST KARIMGANJ
ASSAM

13:AINUR BIBI
                                                                               Page No.# 5/6

             W/O ABDUL MALIK
             VILLAGE SONODORI
             PO DASGRAM/BISHNUNAGAR
             PS AND DIST KARIMGANJ
             ASSA

Advocate for the Petitioner   : MR H R CHOUDHURY

Advocate for the Respondent :




                                    BEFORE
                     HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

Date : 21.06.2023

Heard Mr. H.R. Choudhury, the learned counsel appearing on behalf of the Applicant.

2. This is an application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 for stay of the judgment and decree dated 20/12/2021 passed by the Court of the Munsiff No. 3, Karimganj in Title Suit No. 86/2014 as well as also staying the operation of the order dated 10/01/2023 passed by the Court of the Civil Judge, Karimganj in Title Appeal No. 5/2022.

3. Taking into consideration that the Applicant herein was the Plaintiff and his suit was dismissed, the question of stay of operation of the judgment and decree dated 20/12/2021 passed by the Court of the Munsiff No. 3, Karimganj in Title Suit No. 86/2014 does not arise. In the same vein, as the appeal of the Appellant was dismissed, the question of stay of the order dismissing the condonation application as well as the Title Appeal No. 5/2022 vide the order dated 10/1/2023 also does not arise.

Page No.# 6/6

4. Accordingly, the IA stands rejected.

JUDGE

Comparing Assistant