Gauhati High Court
Md. Abu Sayed vs Md. Ramijuddin And 7 Ors on 9 August, 2024
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GAHC010158392024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/291/2024
MD. ABU SAYED
S/O LATE ABDUL WABAB,
R/O- VILL. CHATIYAN, MOUZA- JURIA,
P.S.- JURIA,
DISTRICT- NAGAON, ASSAM,
PIN- 782124.
VERSUS
MD. RAMIJUDDIN AND 7 ORS
S/O LATE LAL MIYA,
R/O- MOIRABARI,
MOUZA- LAHARIGHAT,
DISTRICT- MORIGAON, ASSAM,
PIN- 782127.
2:MD. RAFIK
S/O LATE LAL MIYA
R/O- MOIRABARI
MOUZA- LAHARIGHAT
DISTRICT- MORIGAON
ASSAM
PIN- 782127.
3:MD. SAFIKUL
S/O LATE LAL MIYA
R/O- MOIRABARI
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MOUZA- LAHARIGHAT
DISTRICT- MORIGAON
ASSAM
PIN- 782127.
4:RAHIMA KHATUN
W/O MD. RAID UDDIN
R/O- VILL.- JURIA
MOUZA AND P.S. -JURIA
DISTRICT- NAGAON
ASSAM
PIN- 782124.
5:SAIDER MA
W/O- AKIJUDDIN
R/O- VILL.- JURIA
MOUZA AND P.S. -JURIA
DISTRICT- NAGAON
ASSAM
PIN- 782124.
6:JAMILA KHATUN
W/O- LATE LALA MIYA
R/O- MOIRABARI
MOUZA- LAHARIGHAT
DISTRICT- MORIGAON
ASSAM
PIN- 782127.
7:SARFA
W/O- LATE LALA MIYA
R/O- MOIRABARI
MOUZA- LAHARIGHAT
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DISTRICT- MORIGAON
ASSAM
PIN- 782127.
8:HAJERA KHATUN
W/O- LATE LALA MIYA
R/O- MOIRABARI
MOUZA- LAHARIGHAT
DISTRICT- MORIGAON
ASSAM
PIN- 782127
Advocate for the Petitioner : S AHMED, MS A HUSSAIN,MS. R DEVI,MR M RAHMAN
Advocate for the Respondent : ,
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
09.08.2024
Heard Mr. S. Ahmed, learned counsel for the petitioner.
In this petition under Section 115 of the Civil Procedure Code, 1908, read with
Article 227 of the Constitution of India, the petitioner, namely, Md. Abu Sayed, has
challenged the correctness or otherwise of the order, dated 30.05.2024, passed by the
learned Civil Judge (Junior Division) No.2, Nagaon, Assam, in Title Execution No.18/2023.
Mr. Ahmed, learned counsel for the petitioner submits that the respondents are the
decree holders in Title Execution No.18/2023 and the present petitioner is the judgment
debtor and on 30.05.2024, the present petitioner had file a petition before the learned
Executing Court for staying of the proceeding on the ground that the petitioner had
preferred an appeal against the judgment and decree, passed in Title Suit No.72/2006,
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along with a petition under Section 5 of the Limitation Act for condonation of delay, which
has been registered as Misc.(J) Case No.128/2023, and the same is still pending for
disposal. But, the learned Executing Court has dismissed the petition No.1371/2024, on
the ground that the appeal is yet to be admitted and being aggrieved the petitioner
approached this Court.
Perused the petition and the documents placed on record and also perused the
impugned order dated 30.05.2024.
Let notice be issued to the respondents, returnable within 4(four) weeks.
Step be taken by registered post with A/D and also by usual process within a week
from today.
Registry shall call for the scanned copy of the record from the learned Trial Court.
List the matter after 4(four) weeks.
Till returnable date, further proceeding of Title Execution No.18/2023, stands
stayed.
Sd/- Robin Phukan
JUDGE
Comparing Assistant
