Amir Hussain vs Kashem Ali And 2 Ors
2026 Latest Caselaw 215 Gua

Gauhati High Court

Amir Hussain vs Kashem Ali And 2 Ors on 19 January, 2026

                                                          Page No.# 1/2

GAHC010274902025




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

                         Case No. : I.A.(Civil)/58/2026

         AMIR HUSSAIN
         S/O SULTAN ALI
         R/O VILL- MIKIRATI HOW GAON
         MOUZA- JAMUNAMUKH
         P.O. AND P.S.- DOBOKA
         DIST- HOJAI
         ASSAM
         PIN-782440

         VERSUS

         KASHEM ALI AND 2 ORS.
         S/O LATE ABBAS ALI
         R/O VILL- MIKIRATI HOW GAON
         MOUZA- JAMUNAMUKH
         P.O. AND P.S.- DOBOKA
         DIST- HOJAI
         ASSAM
         PIN-782440

         2:MUSSTT. JABINA KHATUN
         W/O KASHEM ALI
          R/O VILL- MIKIRATI HOW GAON
          MOUZA- JAMUNAMUKH
          P.O. AND P.S.- DOBOKA
          DIST- HOJAI
         ASSAM
          PIN-782440

         3:IUNIS ALI
         S/O LATE SULTAN ALI
         R/O VILL- MIKIRATI HOW GAON
         MOUZA- JAMUNAMUKH
         P.O. AND P.S.- DOBOKA
                                                                               Page No.# 2/2

           DIST- HOJAI
           ASSAM
           PIN-782440
           ------------
           Advocate for : MR H R A CHOUDHURY
           Advocate for : appearing for KASHEM ALI AND 2 ORS.



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

Date : 19.01.2026

1. Heard Ms. R. Chodhury, learned counsel for the applicant.

2. This application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 has been preferred by the appellant for stay of the judgment and decree dated 22.09.2025 passed by the Court of learned Civil Judge (Senior Division), Hojai in Title Appeal No. 1/2021 whereby it affirmed the decree and judgment dated 11.04.2019 passed by the Court of learned Civil Judge (Junior Division), Sankardev Nagar, Hojai in Title Suit No. 47/2009 whereby the suit of the respondents/plaintiffs was decreed.

3. Issue notice to the respondents.

4. The applicant shall take steps for issuance of notice upon the respondents by speed post as well as by usual mode within seven days from the date of this order,

returnable on 27th of February, 2026.

5. The interim prayer will be considered after due service of notice.

6. List accordingly.

JUDGE

Comparing Assistant