Page No.# 1/3 vs Mayjan Nessa
2025 Latest Caselaw 7089 Gua

Gauhati High Court

Page No.# 1/3 vs Mayjan Nessa on 8 September, 2025

                                                                            Page No.# 1/3

GAHC010105772025




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

                                  Case No. : I.A.(Civil)/1681/2025

            LEGAL REPRESENTATIVES HEIRS OF LATE HAFIZ UDDIN (1) EUNUS ALI @
            EUNUS ALI AHMED
            SON OF LATE HAFIZ UDDIN

            2: MONIRUDDIN @ MONIRUDDIN AHMED
             SON OF LATE HAFIZ UDDIN

            3: SHARIFUN NESSA
             D/O LATE HAFIZ UDDIN
            WIFE OF LATE OSHAN ALI

            4: HALIMA KHATUN
             D/O LATE HAFIZ UDDIN
            WIFE OF LATE SAYED AHMED
            ALL ARE RESIDENT OF VILLAGE KALGACHIA
             P/S. SORBHOG
             MOUZA- RUPSI
             DIST. BARPETA
            ASSA

            VERSUS

            MAYJAN NESSA
            WIFE OF ALI AKBAR, RESIDENT OF VILLAGE - KALGACHIA, SORBHOG,
            RUPSI, BARPETA, ASSAM

Advocate for the Petitioner   : MR. A K AZAD, MR. S R BARBHUIYA,MR. N HAQUE,MR M
HUSSAIN

Advocate for the Respondent : ,
                                                                    Page No.# 2/3


            Linked Case : RSA/84/2025

           LEGAL REPRESENTATIVES HEIRS OF LATE HAFIZ UDDIN (1) EUNUS ALI @
           EUNUS ALI AHMED
           SON OF LATE HAFIZ UDDIN

           2: MONIRUDDIN @ MONIRUDDIN AHMED
           SON OF LATE HAFIZ UDDIN

           3: SHARIFUN NESSA
           D/O LATE HAFIZ UDDIN
           WIFE OF LATE OSHAN ALI

           4: HALIMA KHATUN
           D/O LATE HAFIZ UDDIN
           WIFE OF LATE SAYED AHMED
           ALL ARE RESIDENT OF VILLAGE KALGACHIA
           P/S. SORBHOG
           MOUZA- RUPSI
           DIST. BARPETA
           ASSAM
           VERSUS

           MAYJAN NESSA
           WIFE OF ALI AKBAR
           RESIDENT OF VILLAGE - KALGACHIA
           P/S. SORBHOG
           MOUZA-RUPSI
           DIST. BARPETA
           ASSAM
           PIN-781319.
           ------------
           Advocate for : MR. A K AZAD
           Advocate for : appearing for MAYJAN NESSA

                                    BEFORE
                     HON'BLE MRS. JUSTICE MITALI THAKURIA
                                        ORDER

Date : 08.09.2025.

Heard Mr. P.K. Roy Choudhury, learned counsel for the applicant.

It is submitted by Mr. Roy Choudhury, learned counsel for the applicant that Page No.# 3/3

they have already taken steps upon the respondent but the respondent had already filed the Title Execution Case, which is numbered as Title Execution No.30/2025, before the Court of learned Civil Judge Junior Division No.1 at Barpeta and the case was fixed on 04.09.2025 for hearing and subsequently it was fixed on 21.09.2025. He further submitted that if the decree is executed, the purpose of filing this appeal will be frustrated.

In that context, the learned counsel for the applicant also relied upon a decision of the Hon'ble Supreme Court in the case of Mool Chand Yadav and another vs. Raza Buland Sugar Company Limited, Rampur and others , reported in (1982) 3 SCC 484, wherein it has been observed that during the pendency of any appeal or order, which is connected to the appeal must be stayed.

It is submitted by Mr. Roy Choudhury, learned counsel for the applicant that as in the earlier occasion he could not provide the Title Execution Case number as it was not registered but the Title Execution Case has already been registered and the order has been accordingly passed on 20.08.2025 and hence, there is a requirement of stay of the operation of the impugned judgment dated 21.12.2024 and the decree dated 02.01.2025.

Considering the submission made by the learned counsel for the applicant and various aspect of the case, let the execution of the Title Execution No.30/2025, before the Court of learned Civil Judge Junior Division No.1 at Barpeta, be stayed till the next date of listing.

List the matter accordingly after the Puja Vacation.

JUDGE

Comparing Assistant