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2025 DAILYLAW 16182 (GAU)

HUSSAN ALI ALIAS HASAN AND ANR v. HAFIZUDDIN AHMED AND ORS

CRP(IO)/277/2025 · 2025-10-14

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010157842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/277/2025 HUSSAN ALI ALIAS HASAN AND ANR S/O LT GOMI SEIKH R/O VILL MARUACHUBURI MOUZA KOKRAI PS SIPAJHAR DIST DARRANG ASSAM PIN 784145 2: MD HASMAT ALI S/O LT GOMI SEIKH R/O VILL MARUACHUBURI MOUZA KOKRAI PS SIPAJHAR DIST DARRANG ASSAM PIN 78414 VERSUS HAFIZUDDIN AHMED AND ORS S/O LT HAMIR ALI R/O R/O VILL MARUACHUBURI MOUZA KOKRAI PS SIPAJHAR DIST DARRANG ASSAM PIN 784145 2:HARUN ALI S/O LT HAMIR ALI R/O VILL MARUACHUBURI MOUZA KOKRAI PS SIPAJHAR DIST DARRANG ASSAM PIN 784145 3:IFAZUDDIN AHMED S/O LT HAMIR ALI R/O VILL MARUACHUBURI MOUZA KOKRAI PS SIPAJHAR DIST DARRANG ASSAM PIN 784145 4:AJIDA BEGUM D/O LT HAMIR ALI R/O VILL MARUACHUBURI MOUZA KOKRAI PS SIPAJHAR DIST DARRANG ASSAM PIN 784145 5:TAJIDA BEGUM D/O LT HAMIR ALI R/O VILL MARUACHUBURI MOUZA KOKRAI PS SIPAJHAR DIST DARRANG ASSAM PIN 784145 6:MOUZIDA BEGUM D/O LT HAMIR ALI W/O MAFIZ ALI R/O VILL MANDAKATA PS BAIHATIA CHARIALI DIST DARRANG ASSAM PIN 78112 Page No.# 2/3 Advocate for the Petitioner : MR. R P SARMAH, MR. D DOLEY,MS A DEKA Advocate for the Respondent : MR. D MAZUMDAR (ALL RESPONDENTS), MS. S NATH(ALL RESPONDENTS),MR C GOGOI(ALL RESPONDENTS) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.10.2025 1. Heard Mr. R. P. Sarmah, the learned senior counsel assisted by Mr. D. Doley, the learned counsel for the petitioner. Also heard Mr. D. Mazumder, the learned counsel for the respondent. 2. This application under Article 227 of the Constitution of India has been filed by the petitioner/judgment debtor Hussan Ali Alias Hasan impugning the order dated 27.03.2025 passed by the Executing Court, i.e., the Court of learned Civil Judge (Jr. Division), Mangaldai, in Title Execution Case No.08/2018, whereby the application filed by the present petitioner under Order XXI Rule 29 of the Code of Civil Procedure, 1908 was dismissed. 3. The learned counsel for the respondent has submitted that this civil revision petition has become infructuous in as much as the execution case in which the impugned order has already been disposed of by the Executing Court by order dated 30.04.2025 on full satisfaction of the decree. 4. In support of his submission, the learned counsel for the respondent has produced a copy of order dated 30.04.2025 passed by the learned Civil Judge (Jr. Division) No.1 Mangaldai, in Title Execution Case No.07/2018 5. Let the said order be kept marked as ‘X’ and kept in record as part of record. 6. The learned senior counsel for the petitioner has submitted that as Page No.# 3/3 the petitioners has raised a plea regarding illegal dismissal of his application under Order XXI Rule 29 of the Code of Civil Procedure, 1908 by the Executing Court in Title Execution Case No.07/2018, the issue needs to be decided in this case. 7. However, this Court is not convinced with the submission made by the learned senior counsel for the petitioner as the Title Execution Case, in which the impugned order has been passed, has already been disposed of and the same is no longer pending, the instant revision petition, which has been preferred by the petitioner has in the considered opinion in this Court become infructuous. 8. The Civil Revision Petition is, accordingly, disposed of on becoming infructuous. JUDGE Comparing Assistant