Page No.# 1/4 GAHC010093252025 2025:GAU-AS:5446 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/166/2025 SRI ANIL CHOUDHURY SON OF LATE SONELAL CHOUDHURY, RESIDENT OF REHABARI, GUWAHATI, PALTANBAZAR, KAMRUP METRO, ASSAM VERSUS SRI SADHAN DAS SON OF LATE RATHINDRA KUMAR DAS, RESIDENT OF SOLAPAR, PALTANBAZAR, GUWAHATI, KAMRUP METRO, ASSAM, PRESENTLY RESIDING AT VAISHALI HOUSING SOCIETY CO OPERATIVE , FLAT B2, SHANTI RAM DAS PATH, KAMRUP M, GUWAHATI 781008 Advocate for the petitioner(s): Mr. SP Roy Advocate for the respondent(s): Mr. RK Bhuyan B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER Page No.# 2/4 02.05.2025 Heard Mr. SP Roy, the learned counsel appearing on behalf of the petitioner. Mr. RK Bhuyan, the learned counsel appears on behalf of the respondents. 2. The supervisory jurisdiction of this Court is being invoked challenging the order dated 09.04.2025 passed in Title Appeal No.19(A)/2016 by the Court of the learned Additional District Judge (FTC) No.3 Kamrup(M) at Guwahati whereby the application filed by the petitioner herein, who is the appellant before the learned First Appellate Court under Order XIII Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 calling for the records of Misc(J)Case No.39/2018 from the learned Trial Court was rejected. 3. The learned counsel appearing on behalf of the petitioner has brought to the notice of this Court that although the appeal was initially filed in the year 2011 against the dismissal of the application under Order XXI Rule 97 and 101 i.e. Misc.(J) Case No.43/2010 arising out of Title Execution Case No.4/2017, but in the meantime there has been certain subsequent events which was brought on record vide Misc.(J) Case No.39/2018 and as such, as the appeal which has been heard is a continuation of a proceedings under Order XXI Rule 97 and 101, the said application which contains the subsequent events ought to have been called for by the learned First Appellate Court i.e. the Court of the learned Additional District Judge (FTC) No.3 Kamrup (M) at Guwahati. 4. Mr. RK Bhuyan, the learned counsel appearing on behalf of the respondent, however, submitted that the appeal being an appeal directed against the order dated 23.12.2010, passed in Misc.(J)Case No.43/2010 arising out of Title Execution Case No.4/2017, the learned First Appellate Court was justified in rejecting the application calling for the Misc.(J) Case No.39/2018, as the said Page No.# 3/4 application has no relation whatsoever to the adjudication of the order dated 23.12.2010. 5. This Court has given an anxious consideration to the respective submissions of the learned counsels appearing on behalf of the parties and is of the opinion that as the appeal which has been pending before the learned First Appellate Court is a continuation of a proceedings under Order XXI Rule 97 and 101, which is Misc.(J)Case No.43/2010, this Court is of the opinion that all subsequent events which had been mentioned in Misc.(J) Case No.39/2018 may have some impact on the adjudication of the said appeal. 6. Mr. SP Roy, the learned counsel for the petitioner submitted that he may be permitted to produce the certified copy of the application being Misc.(J)Case No.39/2018 and he would also produce the original agreement dated 06.06.2011, which is document No.1 to the said application and a photocopy of the sale deed dated 17.06.2009 which is document No.2 to the said application. 7. This Court has also duly taken note of that today i.e. 02.05.2025 is the date fixed before the learned First Appellate Court for arguments. 8. Mr. RK Bhuyan, the learned counsel submits that there is great urgency in the disposal of the appeal and Mr. SP Roy, learned counsel submits that he can do the hearing on any date. 9. Accordingly, this Court fixes the matter for hearing on 29.05.2025 before the learned First Appellate Court. 10. The petitioner herein who is the appellant in the said application shall file a certified copy of the application being Misc.(J) Case No.39/2018 as well as the other documents before the learned First Appellate Court on or before 27.05.2025. Page No.# 4/4 11. A copy of the present order be also produced before the learned First Appellate Court by either of the parties at the earliest and on receipt of the instant order, the learned First Appellate Court may also on its discretion call for the scan copies of the Misc.(J).Case No.39/2018. 12 The learned First Appellate Court on the basis of the above shall make an endeavour to dispose of the appeal at the earliest and preferably within 1(one) month from the date fixed hereinabove for hearing of the Appeal. 13. This revision application, accordingly, stands disposed of. 14. Any observations made in the present order shall not affect the adjudication of the Appeal pending before the learned First Appellate Court. JUDGE Comparing Assistant