Page No.# 1/3 vs Md Abdul Goni And Ors
2025 Latest Caselaw 4398 Gua

Gauhati High Court

Page No.# 1/3 vs Md Abdul Goni And Ors on 24 March, 2025

                                                                    Page No.# 1/3

GAHC010027782025




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

                           Case No. : I.A.(Civil)/649/2025

         ABDUL NOOR LASKAR AND ANR
         SON OF LATE TAYAB ALI
         RESIDENT OF DOBOKA TOWN
         WARD NO. 6
         PS AND PO DOBOKA
         DIST HOJAI
         ASSAM 782440

         2: MONUWARA BEGUM LASKAR
         WIFE OF ABDUL NOOR LASKAR BOTH ARE RESIDENTS OF DOBOKA TOWN
         WARD NO 6
          POLICE STATION AND POST OFFICE DOBOKA
          DISTRICT HOJAI
         ASSAM
          PIN 782440
         VERSUS

         MD ABDUL GONI AND ORS
         S/O OF MD SAFAR ALI
         R/O OF VILIAGE MIKIRATI HAWGAON
         POLICE STATION AND POST OFFICE DOBOKA
         DISTRICT HOJAI
         ASSAM
         PIN 782440

         2:MD. OSMAN ALI

         S/O OF MD SAFAR ALI
         R/O OF VILIAGE MIKIRATI HAWGAON
         POLICE STATION AND POST OFFICE DOBOKA
         DISTRICT HOJAI
         ASSAM
         PIN 782440
                                                                          Page No.# 2/3

          3:MUSSTT. PYARUN NESSA
          D/O OF MD SAFAR ALI
          R/O OF VILIAGE MIKIRATI HAWGAON
          POLICE STATION AND POST OFFICE DOBOKA
          DISTRICT HOJAI
          ASSAM
          PIN 782440

          4:MUSSTT. MAYARUN NESSA
          S/O OF MD SAFAR ALI
          AND W/O LATE SAMSUL HOQUE

          PRESENT RESIDENT OF NAHAR GAON
          WARD NO. 6. DOBOKA TOWN
          PS AND PO DOBOKA
          DIST HOJAI
          ASSAM
          782440.
          PERMANENT RESIDENT OF VILLAGE MIKIRATI HAWGAON
          POLICE STATION AND POST OFFICE DOBOKA
          DISTRICT HOJAI
          ASSAM
          PIN 782440
          ------------
          Advocate for : MR ROBIUL HOQUE
          Advocate for : appearing for MD ABDUL GONI AND ORS



                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                       ORDER

24.03.2025

Heard Mr. A.I. Uddin, learned counsel for the applicants.

2. This interlocutory application, under Order 41 Rule 5 of the C.P.C., has prayed for staying the operation of the impugned Judgment and Decree dated 30.10.2024, passed by the learned Civil Judge (Senior Division), Hojai, Sankardev Nagar, in Title Appeal No. 05/2022.

3. It is to be noted here that vide Judgment and Decree dated Page No.# 3/3

30.10.2024, passed by the learned Civil Judge (Senior Division), Hojai, Sankardev Nagar has allowed the appeal and set aside the Judgment and Decree dated 08.04.2022, passed by the learned Munsiff, Hojai, in Title Suit No. 04/2007, wherein the respondents/plaintiffs suit was dismissed with cost.

4. The connected appeal has been admitted and the records have also been called for.

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

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

JUDGE

Comparing Assistant