Page No.# 1/5 GAHC010080112025 2025:GAU-AS:6715 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/154/2025 KAZI SYED ANOWAR RAHMAN S/O- LATE GUL BEGUM. 2: KAZI SYEDA HALIMA RAHMAN W/O. LT. KAZI SYED ALIBAR @ ANISHER RAHMAN DAUGHTER-IN-LAW OF LT. GUL BEGUM 3: KAZI SYED HASIN RAHMAN W/O. LT. KAZI SYED ALIBAR @ ANISHER RAHMAN. ALL THE ABOVE ARE R/O- S C GOSWAMI ROAD PANBAZAR PO- GUWAHATI GPO PANBAZAR PS PANBAZAR GUWAHATI DIST- KAMRUP METRO ASSAM PIN- 78100 VERSUS SAFIZUL HAQUE S/O- FAZLUL HAQUE 2:FAZLUL HAQUE S/O. LT. NILMAN SEIKH BOTH ARE R/O- H NO. 30 SC GOSWAMI ROAD OPP AZIZ COMPLEX NEAR S R JEWELLERY PANBAZAR GUWAHATI Page No.# 2/5 DIST- KAMRUP METRO ASSAM PIN- 781001 3:ON THE DEATH OF LT. KIRAN NESSA HER LEGAL HEIRS HASIBUDDIN AHMED S/O. LT. KIRAN NESSA 3.1:RAKIBUDDIN AHMED S/O. LT. KIRAN NESSA R/O. HOUSE NO. 13 MILI JULI PATH GHANDI BASTI LALMATI NEAR SARANIA KABARSTHAN GATE NO. 2 P/O. SILPUKHURI GUWAHATI DIST. KAMRUP (M0 ASSAM PIN-781003 4:ON THE DEATH OF LT. MARI NESSA HER LEGAL HEIR ASIF IQBAL AHMED C/O. L ALI AHMED R/O. HOUSE NO. 50 BYE LANE NO. 4 NEAR RJ SPICES RESTAURANT GMCH HOSTEL LINK ROAD CHRISTIAN BASTI P/O. DISPUR GUWAHATI DIST. KAMRUP (M) ASSAM PIN-781005. 5:SHAH MD. ANOWAR ALI S/O. LT. SHAH AKBAR ALI AND JAMILA BEGUM 6:SHAH MD. ASHRAF ALI S/O. LT. SHAH AKBAR ALI AND JAMILA BEGUM R/O- S C GOSWAMI ROAD PANBAZAR PO- GUWAHATI GPO PANBAZAR PS PANBAZAR GUWAHATI DIST- KAMRUP METRO Page No.# 3/5 ASSAM PIN- 78100 Advocate for the Petitioner : MR G Z AHMED, MR S A REEYAZ,MR H K BARUAH Advocate for the Respondent : MR. S SHARMA (R-1,2), BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 23.05.2025 Heard Mr G Z Ahmed, the learned counsel appearing on behalf of the petitioners and Mr S J Sharma, the learned counsel who appears on behalf of respondent Nos. 1 and 2. 2. The supervisory jurisdiction of this Court has been invoked challenging the order dated 25.11.2024 and 04.03.2025, whereby the petitioners who are the Judgment Debtors, have been debarred from filing the written objection. This Court has duly taken note of the materials on record and further that the objection to the application seeking adjudication, have already been filed before the learned trial Court, but was not taken on record. 3. Taking into account the materials on record, it is, therefore, the opinion of this Court that the Executing Court, i.e., the Court of the Civil Judge (Junior Division) No. 4, Kamrup (Metro), at Guwahati, shall take on record the written objection, which is Annexure-8 to the present proceedings, and thereupon, decide the said execution application being Title Execution Case No. 5/2020, at the earliest. Page No.# 4/5 4. This Court, further duly takes note of that there has been certain delays and laches on the part of the petitioners, which have resulted in the delay in the execution proceedings. Under such circumstances, this Court imposes a cost of Rs. 15,000/-, upon the petitioners, who are the Judgment Debtors in Title Execution Case No. 5/2020. The said amount of Rs. 15,000/- shall be deposited by the petitioners/the Judgment Debtors, before the learned Executing Court on the next date so fixed, hereinafter. 5. Taking into account that both the parties are duly represented, the interim order passed on 28.04.2025, is vacated and the parties are directed to appear before the learned Executing Court, on 6th of June, 2025. Prior to the said date, the petitioners shall file the written objection, which is Annexure-8 to the instant proceedings and the learned trial Court, on the production of a certified copy of the instant order shall duly take it on record. Along with filing of the said written objection, the amount of Rs 15,000/- shall also be deposited. The deposit of Rs. 15,000/-, shall be a condition precedent for acceptance of the written objection. 6. The learned Executing Court, thereupon shall duly hear the execution proceedings, taking into account the business of this Court and preferably, do so, within 2 (two) months, taking into account that the execution proceedings have been pending since 2020. 7. The decree holder will be at liberty to file a petition for release of the amount of Rs. 15,000/-, and the learned Executing Court shall pass appropriate orders. 8. With the above observations and directions, this civil revision petition stands Page No.# 5/5 disposed of. JUDGE Comparing Assistant