Page No.# 1/4 GAHC010179842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/326/2025 MD MAJIBUR RAHMAN AND 4 ORS S/O LT. NISAR ALI, 2: MD. SHAHJAHAN ALI S/O LT. JONAB ALI 3: ATIKUR RAHMAN S/O LT. JONAB ALI 4: MD. AYUB ALI S/O LT. JONAB ALI 5: MISS. SANABU BIBI W/O LT. JONAB ALI ALL ARE R/O VILL. MUKALMUA MOUZA MAYDHAM BARKHETRI P.S. MUKALMUA DIST. NALBARI ASSAM VERSUS MISS CHAMPA BIBI AND 7 ORS W/O LT. MOJAMIL ALI 2:MD INAMUL HOQUE @ MAHARI S/O LT. MOJAMIL ALI Page No.# 2/4 3:MISS MANIJA BEGUM (FEMALE) W/O AMJAD ALI 4:MD. AMJAD ALI S/O AMIR ALI ALL ARE R/O VILL MUKALMUA P.S. MUKALMUA DIST. NALBARI ASSAM PIN 5:MISS RENU BEGUM (FEMALE) W/O LT. JONAB ALI VILL. RAMDIYA MOUZA RAMDIYA P.S. HAJO DIST. KAMRUP (ASSAM) PIN 6:MISS SAFURA BEGUM (FEMALE) D/O LT. JUNAB ALI W/O JAKIR ALI VILL. MUKALMUA P.S. MUKALMUA DIST. NALBARI ASSAM PIN 7:ATOWAR RAHMAN (MALE) S/O NURUDDIN ALI VILL. MUKALMUA P.S. MUKALMUA DIST. NALBARI ASSAM PIN 8:MUKALMUA PRIMARY HEALTH CENTRE REPRESENTED BY THE SUB DIVISIONAL HEALTH OFFICER VILL. AND P.O. MUKALMUA P.S. MUKALMUA DIST. NALBARI ASSAM PI Page No.# 3/4 Advocate for the Petitioner : MR. A C SARMA, S RAHMAN,MR. R ISLAM,MR S ISLAM,MR. A ALI Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.08.2025 Heard Mr. A.C. Sarma, the learned Senior Counsel assisted by Mr. G. Bharadwaj, Advocate appearing for the petitioners. 2. This is an application under Section 227 of the Constitution of India challenging the order dated 18.06.2025 passed by the learned Civil Judge (Jr. Division) No.1, Nalbari in Title Suit No.28/2022. 3. The petitioner is the plaintiff before the trial court and the trial court issued a Commission to measure the disputed land. The land was measured in the absence of the plaintiff. Therefore, the plaintiff objected to the Report given by the Commissioner and requested the trial court to issue fresh Commission so that measurement can be done in his presence. The trial court refused the said prayer. 4. I have considered the submissions made by Mr. Sarma. 5. At the time of measurement of the land, both sides should have been present. Therefore, the plaintiff/petitioner was correct in objecting the measurement done by the Commissioner without his presence. 6. Therefore, the impugned order dated 18.06.2025 passed by the learned Civil Judge (Jr. Division) No.1, Nalbari in Title Suit No.28/2022 is bad in law and stands set aside. Page No.# 4/4 7. The trial court is directed to issue afresh Commission for measuring the land in presence of both sides. With the aforesaid direction, the present Civil Revision Petition is disposed of. JUDGE Comparing Assistant