Akbar Hussain vs Razvia Gulshan E Madina Madrassa ...
2025 Latest Caselaw 1407 Gua

Gauhati High Court

Akbar Hussain vs Razvia Gulshan E Madina Madrassa ... on 23 July, 2025

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GAHC010154092025




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

                       Case No. : I.A.(Civil)/2259/2025



         AKBAR HUSSAIN
         S/O LATE NOOR AHMED
         R/O AMBIKAGIRI ROY CHOUDHURY PATH
         SARAB BHATI ROAD
         P.O. HIJIGURI
         P.S. AND DIST. TINSUKIA
         ASSAM
         PIN 786192


          VERSUS

         RAZVIA GULSHAN E MADINA MADRASSA PRISALANA SAMITY @
         MADRASSA RIZWLA GULSHAN E MADINA AND ANR
         REPRESENTED BY ITS PRESIDENT MD. NOOR ALAM
         S/O LATE AFZAL ALI
         R/O HIJIGURI
         P.S. AND DIST. TINSUKIA
         P.O. HIJIGURI
         PIN 786192
         ASSAM.

         2:ANWAR HUSSAIN
         TINSUKIA
         ASSAM

          3:ANWAR HUSSAIN

         S/O LATE NOOR AHMED
         R/O AMBIKAGIRI ROY CHOUDHURY PATH
         SARAB BHATI ROAD
         P.O. HIJIGURI
                                                                         Page No.# 2/3

           P.S. AND DIST. TINSUKIA
           ASSAM
           PIN 786192
           ------------
           Advocate for : MR. M H RAJBARBHUIYAN
           Advocate for : appearing for RAZVIA GULSHAN E MADINA MADRASSA
           PRISALANA SAMITY @ MADRASSA RIZWLA GULSHAN E MADINA AND
           ANR



                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

Date : 23.07.2025

Heard Mr. M.H. Rajbarbhuiyan, learned counsel for the applicant.

2. This interlocutory application, under Order 41 Rule 5 of the CPC, is preferred by the applicant for staying operation of the judgment and decree dated 30.04.2025, passed by the learned Civil Judge (Senior Division), Tinsukia, in Title Suit No. 53/2014.

3. Mr. Rajbarbhuiyan, learned counsel for the applicant submits that the applicant has already preferred an appeal against the impugned judgment and decree dated 30.04.2025, and the said appeal has already been admitted and notice has been issued to the respondents and the record has also been called for. Mr. Rajbarbhuiyan also submits that the respondents/opposite parties have filed one execution case, being Title Execution Case No. 7/2025, pending before the Court of learned Civil Judge (Senior Division), Tinsukia, and that since the appeal has already been admitted, there is a requirement of staying the impugned judgment and decree dated 30.04.2025, and therefore, it is contended to allow this application.

4. Perused the application and the documents placed on record, and also Page No.# 3/3

perused the impugned judgment and decree dated 30.04.2025.

5. Let notice be issued to the opposite parties returnable in four weeks.

6. Steps be taken upon the opposite parties by way of registered post with A/D as well as by usual process within a week from today.

7. Taking note of the submission of Mr. Rajbarbhuiyan, learned counsel for the applicant, and also considering the facts and circumstances on the record, this Court is inclined to stay operation of the impugned judgment and decree dated 30.04.2025, till returnable date.

8. List the matter after four weeks.

JUDGE

Comparing Assistant