Page No.# 1/3 GAHC010122832024 2025:GAU-AS:5087 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/230/2024 GHANA SHYAM DAS S/O- LATE ABANI DAS, R/O- CHANDARIA, GOALPARA TOWN, WARD NO-9, P.S AND DIST- GOALPARA, ASSAM VERSUS MULE BALA DAS D/O- KUNJA MOHAN DAS, VILLAGE AND P.O- PORAGAON, P.S- BONGAIGAON, DIST- BONGAIGAON, ASSAM, PIN-783380 Advocate for the Petitioner : MS M DAS, MR. S MOLLAH,MR. J AHMED Advocate for the Respondent : , BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 25.04.2025 Heard Mr J Ahmed, learned counsel appearing on behalf of the petitioner. 2. The supervisory jurisdiction of this Court has been invoked, challenging the order dated 16.05.2024, passed in Misc (J) Case No. 05/2021, by the learned Additional District Judge, Goalpara. 3. This Court has duly perused the impugned order dated 16.05.2024, and a perusal Page No.# 2/3 thereof, shows that though the petitioner, herein, who was the respondent in the said proceedings, were directed to pay certain amount of money, the petitioner had only deposited Rs. 30,000/-. Under such circumstances, the learned Court below had directed the petitioner to take back the Rs. 30,000/-, and deposit the entire amount. 4. This Court enquired with Mr J Ahmed, the learned counsel, as to, how much amount, is the petitioner liable to pay as on 16.05.2024, when the impugned order was passed. The learned counsel submitted that the petitioner was liable to pay an amount of Rs. 2,85,000/-. 5. Taking into account that the petitioner was liable to pay Rs. 2,85,000/- and the petitioner wanted only to pay Rs. 30,000/-, this Court finds no error in the order dated 16.05.2024, passed by the learned Court below, thereby, asking the counsel for the petitioner to take back that money and deposit the entire amount. 6. Considering the above, this Court finds no ground for interfering with the impugned order dated 16.05.2024, passed in Misc (J) Case No. 05/2021, for which the instant petition stands dismissed. 7. Before parting with the record, this Court further finds it relevant to take note of that the dismissal of the instant petition shall not act as a prejudice to the petitioner to file an application before the learned Court below, seeking liberty to make payment of the arrears by way of installment. It is observed that if such application is filed, the learned Trial Court shall duly consider the same as per the extant law. 8. In view of the dismissal of the instant petition, the stay so granted vide the order dated 17.07.2024, in the instant proceedings, stands vacated. 9. The petitioner, who is represented herein, is directed to appear before the learned Court of the Additional District Judge, Goalpara, on 13th of May, 2025, for further proceedings in Misc (J) Case No. 05/2021. It is further observed that as the respondent is not represented, the learned Court of the Additional District Judge, Goalpara, shall issue proper notice to the said respondent, before further proceeding in Misc (J) Case No. Page No.# 3/3 05/2021. JUDGE Comparing Assistant