Page No.# 1/5 GAHC010138412025 2025:GAU-AS:8733 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/234/2025 KRISHNA CHANDRA DAS ASSAM 2: RAM CHANDRA DAS ASSAM 3: GOPAL CH. DAS ALL ARE SONS OF LATE MALI RAM DAS ADDRESS- SATI JAYMATI ROAD H.NO-05 OPP. GOL BUILDING ATHGAON GUWAHATI-01 KAMRUP METRO ASSA VERSUS MUSTT MOFIDA BEGUM ASSAM 2:MUSTT. ABIDA CHOUDHURY ASSAM 3:MUSSTT NAZMA CHOUDHURY NO-1 IS THE WIFE AND NO2 AND 3 ARE D/O LATE ABADAT ALI CHOUDHURY 4:MD. RIASAT ALI CHOUDHURY ASSAM 5:MUSSTT.JAHIDA BEGUM ASSAM Page No.# 2/5 6:MD. SAHIL CHOUDHURY NO-5 IS THE WIFE AND NO4 AND 6 ARE THE SONS OF LATE RAFIKAT ALI CHOUDHURY 7:MUSSTT. WAHIDA RAHMAN ASSAM 8:MD. BARAT ALI CHOUDHURY ASSAM 9:MD.DAUD ALI CHOUDHURY ASSAM 10:MD. ABRAHAM ALI CHOUDHURY ASSAM 11:MD. SHAHADAT ALI CHOUDHURY NO 4 8 9 10 AND 11 ARE THE SONS AND NO 7 IS THE D/O LATETAHARAT ALI CHOUDHURY AND LATE SUFIYA KHATUN NO 1 TO 11 ARE R/O- SATI JAYMATI PATH ATHGAON GUWAHATI-01 DIST- KAMRUP (M) ASSA For the Petitioner(s) : Mr. S. Chamaria, Advocate For the Respondent(s) : Mr. R. Sarma, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.06.2025 Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the petitioners. Mr. R. Sarma, the learned counsel who Page No.# 3/5 appears on behalf of the respondents on caveat. 2. The present application has been filed invoking the supervisory jurisdiction of this Court challenging the order dated 23.05.2025 passed by the learned Court of the Civil Judge (Senior Division) No. 1, Kamrup (M), Guwahati (hereinafter referred to as, “the learned First Appellate Court”) in Misc. (J) Case No. 479/2025 arising out of Misc. Appeal No. 11/2025. 3. It is relevant to take note of that vide the order dated 23.05.2025, the learned First Appellate Court had fixed 24.06.2025 for SR/appearance in the said injunction application and further restrained the petitioners herein from carrying out further construction towards the side of the petitioners land till the next date. 4. This Court has put a pointed query upon Mr. S. Chamaria, the learned counsel appearing on behalf of the petitioners, as to why, no written objection was filed to the said injunction application before the learned First Appellate Court rather than approaching this Court. 5. Mr. S. Chamaria, the learned counsel appearing on behalf of the petitioners submitted that the next date has been fixed on 08.09.2025. 6. This Court further enquired with the learned counsel Page No.# 4/5 appearing on behalf of the petitioners that within how much time the petitioners would be in a position for filing their written objection to the said injunction application filed before the learned First Appellate Court. 7. The learned counsel appearing on behalf of the petitioners submitted that within 7 (seven) days he can file the written objection and further submitted that the a direction may be issued to the learned Fist Appellate Court to dispose of the said injunction application upon filing of the written objection within 30 (thirty) days, taking into account the provisions of Order XXXIX Rule 3A of the Code of Civil Procedure, 1908. 8. The submissions so made by the learned counsel appearing on behalf of the petitioners in the opinion of this Court appear to be reasonable. 9. Taking into account the above, the instant petition stands disposed of with the following observations and directions: i) This Court has not interfered with the order dated 23.05.2025 passed by the learned First Appellate Court in Misc. (J) Case No. 479/2025 arising out of Misc. Appeal No. 11/2025. ii) The petitioners herein would file their written objection in Misc. (J) Case No. 479/2025 by 04.07.2025. Both the Page No.# 5/5 parties are directed to appear before the learned First Appellate Court on 04.07.2025. iii) The learned First Appellate Court on the next date i.e. on 04.07.2025 shall fix a date for hearing of Misc (J) Case No. 479/2025 and thereupon dispose of the same preferably within 1 (one) month from the date of appearance so fixed herein above. iv) The learned First appellate Court shall also bear in mind that there is another injunction proceedings which is still pending before the learned Trial Court. The Appeal was filed before the learned First Appellate Court on the ground that the learned Trial Court did grant an ad-interim ex-parte injunction and only issued Notice. It would be advisable for the learned First Appellate Court to pass appropriate order as deem fit thereby disposing of the Appeal and let the learned Trial Court decide the injunction proceedings. JUDGE Comparing Assistant