Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 11536 (GAU)

THE STATE OF ASSAM AND ANR v. KABEER MOHAMMAD KHAN AND ORS

I.A.(Civil)/1350/2025 · 2025-04-29

Robin Phukan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010088952025 2025:GAU-AS:5225 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1350/2025 THE STATE OF ASSAM AND ANR REP BY THE SECRETARY GOVT OF ASSAM, WATER RESOURCES DEPTT, DISPUR, GUWAHATI- 06 2: THE EXECUTIVE ENGINEER E AND D DIVISION SIVASAGAR GOVT OF ASSAM PO AND PS AND DIST SIVASAGAR ASSA VERSUS KABEER MOHAMMAD KHAN AND ORS R/O- PEOLI NAGAR, AT ROAD, SIVASAGAR TOWN PO, PS AND DIST SIVASAGAR, ASSAM 2:SALINA KHAN R/O- PEOLI NAGAR AT ROAD SIVASAGAR TOWN PO PS AND DIST SIVASAGAR ASSAM 3:HABIBA KHANAM R/O- PEOLI NAGAR AT ROAD SIVASAGAR TOWN PO PS AND DIST SIVASAGAR ASSAM 4:KABEER MOHAMMED KHAN R/O- PEOLI NAGAR AT ROAD SIVASAGAR TOWN PO PS AND DIST SIVASAGAR ASSAM Page No.# 2/3 5:MUKABBIR KHAN R/O- PEOLI NAGAR AT ROAD SIVASAGAR TOWN PO PS AND DIST SIVASAGAR ASSA Advocate for the Petitioner : MR R M DAS, MR. C SHARMA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 30.04.2025 Heard Mr. R.M. Das, learned counsel for the applicants. 2. This interlocutory application is preferred by the applicants for extension of another two months time for releasing the payment due to the decree holders by the applicants. 3. Mr. Das, learned counsel for the applicants, by referring to the letter dated 05.04.2025, submits that after the order dated 04.04.2025, being passed by this Court in CRP(IO) No. 119/2025, the said letter was addressed to the decree holders for furnishing some particulars such as death certificate of Pozir Mohammad Khan, legal heir certificate/succession certificate, NOC from other legal representative against Money Execution No. 1/2024, bank documents/account details, PAN, GST registration certificate and certified address details, and the said letter was received by one of the decree holders, namely, Kabeer Mohammad Khan. Mr. Das further submits that thereafter, a reminder was issued on 23.04.2025, and thereafter, the three decree holders Page No.# 3/3 approached the applicants to grant some time to furnish the details/particulars being sought for, vide letter dated 05.04.2025, but the said requirements are yet to be furnished by the decree holders and as such, Mr. Das has contended to grant the applicants two months time to make the necessary payment as per the order of this Court dated 04.04.2025, in CRP(IO) No. 119/2025. 4. Having heard the submission of Mr. Das, learned counsel for the applicants, I have carefully gone through the application and the documents placed on record and also perused the order dated 04.04.2025, passed by this Court in CRP(IO) No. 119/2025, and also the letter dated 05.04.2025 and the reminder dated 23.04.2025, and the postal receipt. 5. Taking note of the submission of Mr. Das, learned counsel for the applicants and also taking note of the facts and circumstances on the record, this Court is inclined to allow this application by granting one month time to the applicants to comply with the order passed by this Court, dated 04.04.2025, in CRP(IO) No. 119/2025. 6. In terms of above, this I.A. stands disposed of. JUDGE Comparing Assistant