Page No.# 1/3 vs Abdus Samad And 3 Ors
2025 Latest Caselaw 7787 Gua

Gauhati High Court

Page No.# 1/3 vs Abdus Samad And 3 Ors on 14 October, 2025

                                                                    Page No.# 1/3

GAHC010096362025




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

                          Case No. : I.A.(Civil)/1874/2025


         NASIR HUSSAIN AND ANR
         S/O LT. SAHADAT HUSSAIN

         2: SHANTI UDDIN SHEIKH

         S/O LATE ISMAIL HUSSAIN
         ALL ARE R/O VILL. KAZIPARA PART-I
         CHAPAR
         P.O. CHAPAR
         DIST. DHUBRI
         ASSAM
         PIN 783371
         VERSUS

         ABDUS SAMAD AND 3 ORS
         S/O LATE FOYJUDDIN MUNSHI

         2:HALIM SHEIKH
         S/O LATE FOYJUDDIN MUNSHI

          3:BULU KHATUN

         D/O LATE FOYJUDDIN MUNSHI

          4:SARA BEWA

         D/O LATE FOYJUDDIN MUNSHI
         ALL ARE OF CHAPAR BAZAR
         WARD NO. 2
         KAZIPARA
         P.O. CHAPAR
         DHUBRI (ASSAM)
         P.IN 783371
                                                                             Page No.# 2/3

             ------------
             Advocate for : MS. R CHOUDHURY
             Advocate for : appearing for ABDUS SAMAD AND 3 ORS



                                                In
                                     RSA Case No. 91/2025



                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

14.10.2025

1. Heard Ms. R. Choudhury, the learned counsel for the applicants/appellants.

2. This application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 has been preferred by the applicants/appellants for staying the execution of the judgment and decree dated 25.02.2025, passed by the Court of the learned Additional District Judge, Dhubri in Title Appeal No. 05/2023, the notices issued to the respondents/opposite parties have not been returned.

3. Await further.

4. The learned counsel for the applicants/appellants has submitted that in the meanwhile, the opposite parties/decree holder have preferred execution of the decree by filing an application for execution on the basis of which Title Execution Case No. 03/2025 has been registered. she submits that if the further proceeding of Title Execution Case No. 03/2025 is not stayed, the applicant/appellant would be highly prejudice and the second appeal filed by them may become infructuous in the event of execution of the decree.

Page No.# 3/3

5. Await further for the service report in respect of notices issued to opposite parties/respondent Nos. 1 to 4.

6. However, in the meanwhile, till the next returnable date, the execution of impugned judgment and decree in the Title Execution Case No. 03/2025, pending before the Court of the learned Civil Judge (Senior Division), Dhubri shall remain stayed till next returnable date.

7. List accordingly.

JUDGE

Comparing Assistant