Gauhati High Court
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GAHC010220302024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3326/2024
TOMSER ALI AND ORS
S/O LATE KOBEL UDDIN, RESIDENT OF VILLAGE FULERCHAR PART II, PS
SOUTH SALMARA MANCACHAR, DIST SOUTHSALMARA, ASSAM 783127
2: NUR MAHAMMAD
S/O ABDUL MALEK
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
3: ON THE DEATH OF SHAMSUL HOQUE
HIS LEGAL HEIRS SOLEMA BIBI
(WIFE)
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
4: SAMINA KHATUN
(DAUGHTER)
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
5: AMINA KHATUN
(DAUGHTER)
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
6: SOLEMAN SK
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(SON)
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
7: AFRUZA BEGUM
(DAUGHTER)
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
8: MARUFA KHATUN
(DAUGHTER)
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
9: KOLOM UDDIN
S/O MOFIZ UDDIN
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
10: BABUL
S/O NUR JAMAL
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
11: NOSUM UDDIN
S/O AFAZ UDDIN
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
12: LAL MIAH SK @ LALSHAH
S/O LATE AFAZ UDDIN
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
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13: GOLAM RABBANI
S/O SAFAR UDDIN
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
14: ROHAM ALI
S/O LATE SOFIAR BEPARI
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 78312
VERSUS
ON THE DEATH OF NAJAR UDDIN DEWANI HIS LEGAL HEIRS MONSER
ALI AND ORS
SON RESIDENT OF VILLAGE FULERCHAR PART II, PS SOUTH SALMARA
MANCACHAR, DIST SOUTHSALMARA, ASSAM 783127
2:ABU BAKKAR
SON
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
3:ROHIMA KHATUN
DAUGHTER
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
4:ON THE DEATH OF HAKIM ALI HIS LEGAL HEIRS BILAT ALI
SON
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
5:AKKABAR ALI
SON
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
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6:SEKANDAR ALI
SON
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
7:ABU TAHER ALI
SON
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
8:NOBJAN BEWA
DAUGHTER
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
9:NECHAR BEWA
DAUGHTER
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 783127
10:FOJITULLAH SK
S/O LATE SARAN UDDIN
RESIDENT OF VILLAGE FULERCHAR PART II
PS SOUTH SALMARA MANCACHAR
DIST SOUTHSALMARA
ASSAM 78312
Advocate for the Petitioner : MR. T K BHUYAN, MR. J DEKA,ARUNABH SARMA,MR. S K
DEKA,MR. S SARMA,MR. C TALUKDAR
Advocate for the Respondent : ,
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BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
25.06.2025
Mr. J. Deka, learned counsel for the applicants and Mr. K.K. Dey, learned
counsel for the opposite party Nos. 1 & 2.
2. This application, under Order 41 Rule 5 read with Order 42 Rule 1 and Section
151 of the CPC, is preferred by the applicants for staying the operation of the
order dated 15.07.2024, passed by the learned Civil Judge (Senior Division), South
Salmara, Mancachar, in Title Appeal No. 07/2023 and also the judgment and
decree dated 28.07.2023, passed by the learned Civil Judge (Junior Division),
Hatsingimari, in Title Suit No. 162/2016.
3. Mr. Deka, learned counsel for the applicants submits that the connected
regular second appeal has already been admitted by this court and the
respondents have entered appearance and the LCR has also been received and as
such, the matter is ready for hearing. Mr. Deka further submits that, in the
meantime, the respondents have instituted one title execution case, being T.Ex.
No. 01/2024, wherein the learned Executing Court has issued notice and also
directed the decree holder to verify the schedule of the decretal land and fixed the
matter on 26.06.2025. Mr. Deka further submits that if in the meantime the decree
is executed, then the RSA would be rendered infructuous and as such, he has
contended to stay the decree till disposal of the RSA.
4. On the other hand, Mr. Dey, learned counsel for the opposite party Nos. 1 & 2,
has, however, opposed the petition and submits that the impugned order was
passed one year back and that since the matter is ready for hearing, entire matter
may be heard and disposed of immediately after re-opening of the vacation.
5. Taking note of the submissions of learned counsel for both the parties and
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also the facts and circumstances on the record and further considering the fact
that the connected RSA is ready for hearing, this court is inclined to allow this
application by staying the decree till disposal of the RSA.
6. Accordingly, this IA stands disposed of.
7. Since the LCR has already been received and the parties have entered
appearance, list the RSA No. 201/2024 on 07.08.2025, for hearing.
JUDGE
Comparing Assistant
