Page No.# 1/4 vs Upon The Death Of Late Hiralal Sharmah ...
2025 Latest Caselaw 8702 Gua

Gauhati High Court

Page No.# 1/4 vs Upon The Death Of Late Hiralal Sharmah ... on 19 November, 2025

                                                                 Page No.# 1/4

GAHC010194082025




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

                       Case No. : I.A.(Civil)/3698/2025




         ABDUL HANIF AHMED AND 3 ORS
         ASSAM

         2: HAMIDUL ISLAM

         ASSAM

         3: HASHIBUL ISLAM
         ASSAM

         4: HABIBUL ISLAM
         ALL ARE SONS OF LATE SAIDUR RAHMAN
         R/O VILL. MIAPARA
         MANKACHAR
         P.O. AND P.S. MANKACHAR
         DIST. SOUTH SALMARA
         MANKACHAR
         ASSAM.
         VERSUS

         UPON THE DEATH OF LATE HIRALAL SHARMAH HIS LEGAL HEIRS
         GANESH SHARMAH AND 10 ORS
         ASSAM

         2:CHANDAN SHARMAH
         ASSAM

         3:SANTOSH SHARMAH
         ASSAM

          4:RANJIT SHARMAH
                                                            Page No.# 2/4

ASSAM

5:USHA DEVI
ASSAM

6:LAKSHMI SHARMAH
ASSAM

 7:SUMITA SHARMAH
RESPONDENT NOS 1
 2
3 AND 4 ARE SONS
 RESPONDENT NO 5 IS THE WIFE AND RESPONDENT NOS. 6 AND 7 ARE THE
DAUGHTERS OF LATE HIRALAL SHARMAH. ALL ARE R/O VILL.
MANKACHAR TINIALI
 P.O. AND P.S. MANKACHAR
 DIST. SOUTH SALMARA MANKACHAR
ASSAM.

8:THE STATE OF ASSAM
REPRESENTED BY THE COLLECTOR
DHUBRI
ASSAM.

9:THE ASSTT. SETLEMENT OFFICER

MANKACHAR CIRCLE
AT MANKACHAR

10:THE SETTLEMENT OFFICER

DHUBRI KOKRAJHAR.

11:SAIYED ALI

S/O LATE TAIYOB UDDIN
VILL. JORDANGA (BORMANPARA)
P.S. MANKACHAR
DIST. DHUBRI
ASSAM
------------
Advocate for : MR. S K TALUKDAR
Advocate for : appearing for UPON THE DEATH OF LATE HIRALAL SHARMAH
HIS LEGAL HEIRS GANESH SHARMAH AND 10 ORS
                                                                       Page No.# 3/4

                               BEFORE
             HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                    ORDER

19.11.2025

1. Heard Mr. S. Banik, learned counsel for the applicant.

2. This is an interlocutory application has been filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908, praying for stay of execution of the decree passed in Title Appeal No.3/2021 by the Court of learned Civil Judge (Senior Division), South Salmara, Mankachar as well as decree passed in Title Suit No.39/2016, passed by the Court of learned Civil Judge (Junior Division), Hatsingimari.

3. The aforesaid judgment and decree has been impugned by the applicants by filing the connected regular second appeal which has been registered as RSA No.197/2025.

4. Issue notice to the respondents.

5. The appellant shall take steps for issuance of notice upon the respondents by speed post within 3 (three) days from the date of this order returnable on 16.12.2025.

6. The learned counsel for the applicant has submitted that since by the impugned judgment and decree, defendant nos.1 to 3 of the aforesaid title suits were also directed to effect necessary alterations in the records of rights as directed by the trial court in the impugned judgment, unless stay of execution of the decree is granted at this stage and the appeal may become infructous.

7. Considering the submissions made by the learned counsel for the Page No.# 4/4

applicant and also considering the fact that the connected RSA has already been admitted and substantial question of law have also been formulated, the execution of the decree passed by the appellate court as well as by the trial court shall remain stayed till next date.

8. List on 16.12.2025.

JUDGE

Comparing Assistant