Gauhati High Court
Ashraful Islam Alias Ashraful Miah vs Jahiran Bewa And 19 Ors on 8 October, 2025
Page No.# 1/7
GAHC010219242025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3273/2025
ASHRAFUL ISLAM ALIAS ASHRAFUL MIAH
SON OF ABDUL MALAK
RESIDENT OF VILLAGE ISAKURI CHORMRASALI
PO AND PS MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
VERSUS
JAHIRAN BEWA AND 19 ORS.
W/O LATE HURMUJ ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
2:JAHURUL HOQUE
SON OF LATE HURMUJ ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
3:SAHERA KHATUN
W/O LATE SORHAB ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
Page No.# 2/7
PIN 783131
4:JAMAL SHEIKH ALIAS JAMAL UDDIN
SON OF LATE SAMAT ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
5:JAHIRUL SHEIKH
SON OF LATE CHOMOR SHEIKH
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
6:JAHURE BEWA
W/O LATE SHAHEB ALI @ SAIB ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
7:NUR AMIN
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
8:NUR JAMAL
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
9:NUR HOSEIN
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
Page No.# 3/7
PIN 783131
10:ILIAS SHEIKH
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
11:NURAL ISLAM
SON OF LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
12:SABURA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
13:MAJEDA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
14:LUFTA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
15:ROSHIDA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
Page No.# 4/7
PIN 783131
16:MANJILA KHATUN
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
17:NUR BEGUM
D/O LATE SHAHEB ALI @ SAIBALLI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
18:KASHEM ALI
SON OF LATE SABED ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
19:AMJAD ALI
SON OF LATE MOIJUDDIN
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
20:SAHEDA BIBI
WIFE OF KASHEM ALI
RESIDENT OF VILLAGE JANGAL
PS AND PO MANKACHAR
DISTRICT SOUTH SALMARA MANKACHAR
ASSAM
PIN 783131
------------
Advocate for : MR. P P DAS
Advocate for : appearing for JAHIRAN BEWA AND 19 ORS.
Page No.# 5/7
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Date : 08.10.2025
1. Heard Mr. P.P Das, learned counsel for the appellant.
2. The connected regular second appeal under Section 100 of the
Civil Procedure Code, 1908 (C.P.C) is preferred by the appellant herein,
aggrieved by the order dated 25.06.2025 passed by the Ld. District
Judge, South Salmara, Mancachar, in Title Appeal No. 01/2024 -
whereby the judgment and order dated 29.07.2024 passed by the Ld.
Civil Judge (Sr. Division), South Salmara, Mancachar in Title Execution
No. 1 of 2021 was dismissed.
3. It is submitted that the plaintiffs had preferred Title Suit No. 09 of
2012 which was decreed on 14.12.2017 and that the same attained
finality. With regard to the same, Title Execution No. 06 of 2018 was
initiated before the Ld. Court at Dhubri and subsequently due to
administrative division, the case was transferred to South Salmara
wherein it was re-registered as T.S Execution 01 of 2021 - where the
aforesaid impugned orders came to be passed.
4. It is submitted and contended that the present appellant Ashraful
Islam @ Ashraful Miah is the son of Abdul Malek and claiming to be in
occupation of 19 lechas of land out of the suit land which was the
subject of the decree and therefore, as a interested third party, he
invoked the jurisdiction of the executing Court under Order 21 Rule
97/101 of the Civil Procedure Code, 1908 (C.P.C). It is contended that
the said petition was however dismissed by the Ld. Courts below vide
Page No.# 6/7
the impugned orders and by holding that one Malek Sheikh who was
impleaded as plaintiff No. 9 in the suit is that father of the present
appellant and therefore, the present appellant does not have sufficient
merits to invoke the jurisdiction under Order 21 Rule 97/101 as a third
party seeking adjudication of his own independent rights. It is
contended that the said Malek Sheikh/plaintiff No. 9 is not the father
of the present appellant Ashraful Islam @ Ashraful Miah.
5. In this Interlocutory Application, the appellant
Ashraful Islam @ Ashraful Miah is seeking a stay of further
proceedings of Title Execution Case No. 1 of 2021 - which was
filed by the Decree Holder seeking execution of the judgment and
original decree dated 14.12.2017 passed by the Court of the Ld. Civil
Judge (Sr. Division) in T.S No. 9 of 2012. The aforesaid Title Execution
1 of 2021 is pending before the Court of Ld. Civil Judge, (Sr. Division),
South Salmara, Mancachar.
6. The connected regular second appeal has been admitted
today on three specific substantial questions of law and one generic
question. In the given facts and circumstances, the further
proceedings in Title Execution No. 1 of 2021 pending before the
Court of Ld. Civil Judge (Sr. Division), South Salmara, Mancachar in T.S
No. 9 of 2012 shall remain stayed till the next date of listing.
7. The appellant shall take steps of notice upon the
respondents.
8. Needless to say that, the respondents upon their
appearance shall be at liberty to seek vacation or modification of the
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order of stay passed today.
9. List the matter on 17.11.2025 along with
RSA/168/2025.
JUDGE
Comparing Assistant
