Page No.# 1/4 GAHC010185792024 2025:GAU-AS:8200 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/201/2024 MD. FAJUR RAHIM S/O- FAJUR RAHMAN R/O- VILL.- IRONG CHESABA MATHAK P.O. AND P.S. MAYANG IMPHAL WEST DIST. THOUBAL MANIPUR PIN- 785132. VERSUS KHAIRUL ISLAM AND 3 ORS. S/O- LATE AJGOR ALI AHMED R/O- HOUSE NO. 27 BYE LANE NO. 3 NAYANPUR ROAD GANESHGURI GUWAHATI-781005 KAMRUP(M) ASSAM 2:IMRUL ISLAM S/O- LATE AJGOR ALI AHMED R/O- HOUSE NO. 27 BYE LANE NO. 3 NAYANPUR ROAD GANESHGURI GUWAHATI-781005 KAMRUP(M) ASSAM 3:JAKIRUL ISLAM S/O- LATE AJGOR ALI AHMED Page No.# 2/4 R/O- HOUSE NO. 27 BYE LANE NO. 3 NAYANPUR ROAD GANESHGURI GUWAHATI-781005 KAMRUP(M) ASSAM 4:ABDUS SABUR TAPADAR S/O- LATE S.H. TAPADAR R/O- 44 PEACE ABODE B 2ND FLOOR MOTHER TERESA ROAD HATIGAON GUWAHATI-781038 KAMRUP(M) ASSAM ------------ For the Petitioner(s) : Mr. S. Sahu, Advocate For the Respondent(s) : Mr. S. Banik, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.06.2025 Heard Mr. S. Sahu, the learned counsel appearing on behalf of the petitioner and Mr. S. Banik, the learned counsel appearing on behalf of the respondent No.4. 2. The instant application has been filed challenging the rejection of an application filed under Section 151 of the Code of Civil Procedure, 1908 (for short ‘the Code’) for stay of Title Suit No.246/2019 pending disposal of the subsequent suit being Title Suit No.429/2023 pending before the same Court. 3. Mr. S. Sahu, the learned counsel for the petitioner submitted that as Page No.# 3/4 Title Suit No.246/2019 pertains to a suit seeking specific performance of an agreement for sale dated 18.07.2013 between the petitioner who is the plaintiff and the respondent Nos. 1, 2 and 3 herein who are the defendant Nos. 1, 2 and 3 and the said suit land having been collusively sold by the defendant Nos. 1, 2 and 3 to the defendant No.4 who is the respondent No.4 in the instant proceedings, the subsequent suit being Title Suit No.429/2023 was instituted. He therefore submitted that no decree can be passed in Title Suit No.269/2019 on the basis of the agreement for sale dated 18.07.2013 unless the transfer made in favour of the defendant No.4 by the defendant Nos. 1, 2 and 3 pursuant to the judgment and decree dated 28.06.2022 passed in the Title Suit No.48/2015 is set aside along with the Deed of Sale executed in favour of the defendant No.4. He therefore submitted that the petitioner had filed the application under Section 151 of the Code for stay of Title Suit No.246/2019 pending disposal of Title Suit No.429/2023. 4. This Court having taken note of the contents of Title Suit No.246/2019, the judgment and decree passed in Title Suit No.48/2015, the Deed of Sale executed in pursuance to the judgment and decree passed in Title Suit No.48/2015 as well as the subsequent suit filed being Title Suit No.429/2023 is of the opinion that the learned Trial Court ought to have stayed Title Suit No.246/2019 pending disposal of Title Suit No.429/2023 inasmuch as the said suit being Title Suit No.246/2019 under no circumstances can be decreed unless and until the Title Suit No.429/2023 is decreed in favour of the petitioner/plaintiff in Title Suit No.429/2023. 5. Consequently, this Court therefore interferes with the order dated Page No.# 4/4 09.04.2024 passed in Title Suit No.246/2019 and allows the application being Petition No.6446/2023 filed under Section 151 of the Code. The Title Suit No.246/2019 shall remain stayed till the disposal of Title Suit No.429/2023. 6. Accordingly, the instant petition stands allowed. JUDGE Comparing Assistant