Md. Jumar Ali @ Zumar Ali vs Md. Sheikh Abdullah
2025 Latest Caselaw 2290 Gua

Gauhati High Court

Md. Jumar Ali @ Zumar Ali vs Md. Sheikh Abdullah on 24 January, 2025

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                         Page No.# 1/3

GAHC010007382025




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

                                  Case No. : CRP(IO)/22/2025

            MD. JUMAR ALI @ ZUMAR ALI
            S/O LT. SIRAJ ALI, R/O VILL- NO. 1/2 BARUAJHAR, MOUZA- PACHIM
            DALGAON, P.O. AND P.S.-DALGAON, DIST- DARRANG, ASSAM



            VERSUS

            MD. SHEIKH ABDULLAH
            S/O MAZIBUR RAHMAN, R/O VILL- NO. 1/2 BARUAJHAR, MOUZA- PACHIM
            DALGAON, P.O. AND P.S.-DALGAON, DIST- DARRANG, ASSAM



Advocate for the Petitioner   : MR. D MAZUMDAR, MS. S NATH,MR C GOGOI,MR. S BISWAS

Advocate for the Respondent : ,
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                               BEFORE
                  HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

24.01.2025

Heard Mr. S. Biswas, learned counsel for the petitioner.

This is an application under Article 227 of the Constitution of India for setting-aside the impugned judgment dated 20.08.2024 in Misc. Appeal No.01/2024 passed by the learned Civil Judge (Sr. Div.), Darrang, filed by the appellant was dismissed and the order dated 29.01.2024 passed by the learned Civil Judge (Jr. Div.), Darrang in Misc.(J) Case No.58/2023 was affirmed.

Issue notice to the sole respondent by registered A/D post and usual process, returnable within 4(four) weeks.

Learned counsel for the petitioner submits that the Schedule of the land as per plaint is 3 Bighas of land but the Counter Claim filed by the respondent includes Schedule U,V and W land and the suit land is the part of Schedule T land and the Schedule U,V and W land are not connected with this matter.

The learned counsel therefore, prays to stay the order dated 29.01.2024 passed in Misc.(J) Case No.58/2023 arising out of T.S No.19/2023 by the learned Court of Civil Judge (Jr. Div.), Darrang as well as Misc. Appeal No.01/2024 by the learned Civil Judge (Sr. Div.), Darrang.

Considering the submission of the learned counsel for the petitioner, further proceeding of order dated 29.01.2024 passed in Misc.(J) Case No.58/2023 arising out of T.S No.19/2023 by the learned Court of Civil Judge (Jr. Div.), Darrang as well as Misc. Appeal No.01/2024 by the learned Civil Judge (Sr. Div.), Darrang shall remain stayed, till the returnable date.

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List after 4 (four) weeks.

JUDGE

Comparing Assistant