Page No.# 1/2 vs Abdus Samad And 3 Ors
2025 Latest Caselaw 1370 Gua

Gauhati High Court

Page No.# 1/2 vs Abdus Samad And 3 Ors on 22 July, 2025

                                                                   Page No.# 1/2

GAHC010096362025




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

                         Case No. : I.A.(Civil)/1874/2025


         NASIR HUSSAIN AND ANR
         S/O LT. SAHADAT HUSSAIN

         2: SHANTI UDDIN SHEIKH
         S/O LATE ISMAIL HUSSAIN
         ALL ARE R/O VILL. KAZIPARA PART-I
          CHAPAR
          P.O. CHAPAR
          DIST. DHUBRI
         ASSAM
          PIN 783371

          VERSUS

         ABDUS SAMAD AND 3 ORS
         S/O LATE FOYJUDDIN MUNSHI

         2:HALIM SHEIKH
         S/O LATE FOYJUDDIN MUNSHI

         3:BULU KHATUN
         D/O LATE FOYJUDDIN MUNSHI

         4:SARA BEWA
         D/O LATE FOYJUDDIN MUNSHI
         ALL ARE OF CHAPAR BAZAR
         WARD NO. 2
         KAZIPARA
         P.O. CHAPAR
         DHUBRI (ASSAM)
         P.IN 783371
         ------------
         Advocate for : MS. R CHOUDHURY
                                                                            Page No.# 2/2

           Advocate for : appearing for ABDUS SAMAD AND 3 ORS



                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

22.07.2025

Heard Ms. R. Choudhury, learned counsel for the applicants.

2. In this application, under Order XLI Rule 5 read with Section 151 of the CPC, is preferred by the applicants for staying the operation of the judgment and decree dated 25.02.2025, passed by the learned Additional District Judge, Dhubri (first appellate court hereinafter), in Title Appeal No. 05/2023.

3. It is to be noted here that vide judgment and decree dated 25.02.2025, the learned first appellate court had reversed the judgment and decree dated 25.01.2017, passed by the learned Civil Judge (Senior Division), Dhubri (trial court hereinafter), in Title Suit No. 21/2023.

4. It is also to be noted here that vide judgment and decree dated 25.01.2017, the learned trial court had decreed the suit of the plaintiffs/applicants herein allowing a money decree of Rs. 2,50,000/- along with interest @ 8% per annum from 18.10.2010, till payment.

5. Let notice be issued to the opposite parties, within a week from today, by registered post with A/D and also by usual process, returnable in 4 weeks.

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

JUDGE Comparing Assistant