Gauhati High Court
Page No.# 1/3 vs Mustafizur Rahman on 26 June, 2025
Page No.# 1/3
GAHC010145232025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2116/2025
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY CHIEF SECRETARY TO THE GOVT. OF ASSAM
SACHIBALAYA
GUWAHATI PIN781006
2: THE SPECIAL COMMISSIONER AND SPECIAL SECRETARY
TO THE GOVT. OF ASSAM
PUBLIC WORK (BUILDING AND NATIONAL HIGHWAY) DEPTT. DISPUR
GUWAHATI-6.
3: THE CHIEF ENGINEER
PWD (NH WORKS) ASSAM
CHANDMARI
GUWAHATI-3
DIST - KAMRUP
ASSAM
PIN-781003.
4: THE SUPERINTENDING ENGINEER
P.W.D. NH CIRCLE
DISPUR
GUWAHATI-6
DIST - KAMRUP (ASSAM)
PIN-781006.
5: THE EXECUTIVE ENGINEER
PWD
NAGAON NH DIVISION
ARB ROAD
KHUTIKATIA
NEAR LAKHI NAGAR CHARIALI
P.O. HAIBORGAON
NAGAON
ASSAM.
Page No.# 2/3
VERSUS
MUSTAFIZUR RAHMAN
S/O MD. MUKLESSUR RAHMAN
R/O B.K.ROAD
FAUZDARI PATTY
MOUZA TOWN
P.O. NAGAON
SADAR NAGAON
DIST. NAGAON
ASSAM
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Advocate for : MR N KALITA
Advocate for : appearing for MUSTAFIZUR RAHMAN
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 26.06.2025
Heard Mr. D. Nath, learned Senior Government Advocate for the applicants.
2. This interlocutory application, under Order 41 Rule 5 CPC, read with
Section 151 CPC, is preferred by the applicants for staying operation of the ex-
parte judgment and decree dated 04.03.2015, passed in M.S. No. 14/2014 as
well as the order dated 19.06.2025, passed in M. Ex. No. 1/2020, passed by the
learned Civil Judge (Senior Division), Nagaon, and also to stay the proceeding of
M. Ex. No. 1/2020.
3. It is to be noted here that vide impugned order dated 19.06.2025, the
learned Civil Judge (Senior Division), Nagaon had allowed the prayer of the
decree holder and directed to take steps for attachment of immovable property
of the judgment debtors situated at Nagaon Town as mentioned in the schedule
and thereafter, fixed the execution case on 05.07.2025, for report.
4. Perused the application and the documents placed on record, and also
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perused the ex-parte judgment and decree dated 04.03.2015, passed in M.S.
No. 14/2014 and the impugned order dated 19.06.2025, passed in M. Ex. No.
1/2020.
5. Mr. Nath, learned Senior Government Advocate for the applicants submits
that the connected FAO has already been admitted and notice has also been
issued to the respondent, and that the title execution proceeding has already
been started before the learned executing Court, being M. Ex. No. 1/2020, and
that there is a requirement for staying the said execution proceeding till disposal
of the connected appeal. Mr. Nath has also pointed out that while passing the
ex-parte judgment and decree dated 04.03.2015, the learned trial Court had
directed the applicants herein to pay 6% interest per month and as such, the
interest per annum will be more than 70%, which is arbitrary, and that the
ground for rejection of the application for setting aside the ex-parte judgment
and decree is also illegal.
6. The submission of Mr. Nath need further consideration.
7. At this stage, let notice be issued to the opposite party, returnable in four
weeks.
8. Steps be taken upon the opposite party by way of registered post with A/D
as well as by usual process within a week from today.
9. Pending further consideration, the proceeding of M. Ex. No. 1/2020, stands
stayed till returnable date.
10. List the matter after four weeks.
JUDGE
Comparing Assistant
