Gauhati High Court
Page No.# 1/3 vs Hafizuddin Ahmed And Ors on 15 October, 2025
Page No.# 1/3
GAHC010157842025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/277/2025
HUSSAN ALI ALIAS HASAN AND ANR
S/O LT GOMI SEIKH R/O VILL MARUACHUBURI MOUZA KOKRAI PS
SIPAJHAR DIST DARRANG ASSAM PIN 784145
2: MD HASMAT ALI
S/O LT GOMI SEIKH R/O VILL MARUACHUBURI MOUZA KOKRAI PS
SIPAJHAR DIST DARRANG ASSAM PIN 78414
VERSUS
HAFIZUDDIN AHMED AND ORS
S/O LT HAMIR ALI R/O R/O VILL MARUACHUBURI MOUZA KOKRAI PS
SIPAJHAR DIST DARRANG ASSAM PIN 784145
2:HARUN ALI
S/O LT HAMIR ALI R/O VILL MARUACHUBURI MOUZA KOKRAI PS
SIPAJHAR DIST DARRANG ASSAM PIN 784145
3:IFAZUDDIN AHMED
S/O LT HAMIR ALI R/O VILL MARUACHUBURI MOUZA KOKRAI PS
SIPAJHAR DIST DARRANG ASSAM PIN 784145
4:AJIDA BEGUM
D/O LT HAMIR ALI R/O VILL MARUACHUBURI MOUZA KOKRAI PS
SIPAJHAR DIST DARRANG ASSAM PIN 784145
5:TAJIDA BEGUM
D/O LT HAMIR ALI R/O VILL MARUACHUBURI MOUZA KOKRAI PS
SIPAJHAR DIST DARRANG ASSAM PIN 784145
6:MOUZIDA BEGUM
D/O LT HAMIR ALI W/O MAFIZ ALI R/O VILL MANDAKATA PS BAIHATIA
CHARIALI DIST DARRANG ASSAM PIN 78112
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Advocate for the Petitioner : MR. R P SARMAH, MR. D DOLEY,MS A DEKA
Advocate for the Respondent : MR. D MAZUMDAR (ALL RESPONDENTS), MS. S NATH(ALL
RESPONDENTS),MR C GOGOI(ALL RESPONDENTS)
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 15.10.2025
1. Heard Mr. R. P. Sarmah, the learned senior counsel assisted by Mr. D.
Doley, the learned counsel for the petitioner. Also heard Mr. D. Mazumder, the
learned counsel for the respondent.
2. This application under Article 227 of the Constitution of India has
been filed by the petitioner/judgment debtor Hussan Ali Alias Hasan impugning
the order dated 27.03.2025 passed by the Executing Court, i.e., the Court of
learned Civil Judge (Jr. Division), Mangaldai, in Title Execution Case No.08/2018,
whereby the application filed by the present petitioner under Order XXI Rule 29
of the Code of Civil Procedure, 1908 was dismissed.
3. The learned counsel for the respondent has submitted that this civil
revision petition has become infructuous in as much as the execution case in
which the impugned order has already been disposed of by the Executing Court
by order dated 30.04.2025 on full satisfaction of the decree.
4. In support of his submission, the learned counsel for the respondent
has produced a copy of order dated 30.04.2025 passed by the learned Civil
Judge (Jr. Division) No.1 Mangaldai, in Title Execution Case No.07/2018
5. Let the said order be kept marked as 'X' and kept in record as part of
record.
6. The learned senior counsel for the petitioner has submitted that as
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the petitioners has raised a plea regarding illegal dismissal of his application
under Order XXI Rule 29 of the Code of Civil Procedure, 1908 by the Executing
Court in Title Execution Case No.07/2018, the issue needs to be decided in this
case.
7. However, this Court is not convinced with the submission made by the
learned senior counsel for the petitioner as the Title Execution Case, in which
the impugned order has been passed, has already been disposed of and the
same is no longer pending, the instant revision petition, which has been
preferred by the petitioner has in the considered opinion in this Court become
infructuous.
8. The Civil Revision Petition is, accordingly, disposed of on becoming
infructuous.
JUDGE
Comparing Assistant
