Page No.# 1/3 vs Abdur Rahim And 4 Ors
2025 Latest Caselaw 2551 Gua

Gauhati High Court

Page No.# 1/3 vs Abdur Rahim And 4 Ors on 7 August, 2025

                                                                    Page No.# 1/3

GAHC010172222025




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

                          Case No. : I.A.(Civil)/2520/2025

         NURUL ISLAM AND 2 ORS.
         S/O. LT. MUSLEMUDDIN AHMED

         2: NASIR UDDIN
         S/O. LT. MUSLEMUDDIN AHMED

         3: FARIDA BEGUM
         W/O. LT. MUSLEMUDDIN AHMED
         ALL ARE R/O. VILL.- AMBARI
         MOUZA-GHILAZARI
         P/O. BARPETA
         DIST. BARPETA
         ASSAM.
         VERSUS

         ABDUR RAHIM AND 4 ORS.
         S/O. SHOMESH UDDIN R/O. AMBARI
         MOUZA- GHILAZARI
         P/O. AND DIST. BARPETA
         ASSAM

         2:PRADIP KUMAR NATH
         S/O. GOPAL NATH
          R/O. NATH HOTEL
          HOWLY TOWN
         WARD NO. 2
          MOUZA-GHILAZARI
          P/S. AND DIST. BARPETA
         ASSAM

         3:AJIT KUMAR NATH
         S/O. GOPAL NATH
         R/O. NATH HOTEL
         HOWLY TOWN
                                                                             Page No.# 2/3

            WARD NO. 2
            MOUZA-GHILAZARI
            P/S. AND DIST. BARPETA
            ASSAM

           4:KISHORE KUMAR NATH
           S/O. DHARANI NATH
           R/O. TARANI DAS COMPLEX
           HOWLY TOWN
           WARD NO. 4
           MOUZA-GHILAZARI
           P/S. AND DIST. BARPETA
           ASSAM

           5:GITAMONI NATH
           W/O. KISHORE KUMAR NATH
           R/O. TARANI DAS COMPLEX
           HOWLY TOWN
           WARD NO. 4
           MOUZA-GHILAZARI
           P/S. AND DIST. BARPETA
           ASSAM
           ------------
           Advocate for : MR. M GOGOI
           Advocate for : appearing for ABDUR RAHIM AND 4 ORS.



                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                  ORDER

07.08.2025

Heard Mr. N. Deka, learned counsel for the applicants and Mr. J. Ahmed, learned counsel for the opposite parties.

2. In this application, under Order XLI Rule 5 read with Order XXXIX Rules 1 and 2 of the CPC, is preferred by the applicants for staying the operation of the judgment and decree dated 15.07.2025, passed by the learned Civil Judge (Senior Division), Barpeta (first appellate court hereinafter), in Title Appeal No. 42/2024.

3. It is to be noted here that vide judgment and decree dated 15.07.2025, the learned first appellate court had dismissed the appeal and affirmed the judgment and Page No.# 3/3

decree dated 24.07.2024, passed by the learned Civil Judge (Junior Divison) No. 1, Barpeta (trial court hereinafter), in Title Suit No. 127/2013.

4. It is also to be noted here that vide judgment and decree dated 24.07.2024, the learned trial court had decreed the suit of the plaintiffs/opposite parties herein and dismissed the counter claim of the defendants/applicants.

5. Let notice be issued to the opposite parties, returnable in 4 weeks. As Mr. Ahmed has appeared and accepted notice on behalf of the opposite parties, no formal notice is required to be issued. However, extra requisite copy of the application be furnished to him during the course of the day.

6. List the matter after 4 (four) weeks.

JUDGE Comparing Assistant