Page No.# 1/3 GAHC010206572023 2025:GAU-AS:6781 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/299/2023 ON THE DEATH OF MD. ADAR ALI HIS LEGAL HEIRS 1.1: MISS ALIMUN NESSA D/O LATE ADAR ALI R/O VILL-DHUMPARA GAON PUB-SAMARIA CHAYGAON P.O.-CHAYGAON DIST- KAMRUP (R) ASSAM 1.2: MISS ARIFUN NESSA D/O LATE ADAR ALI R/O VILL-DHUMPARA GAON PUB-SAMARIA CHAYGAON P.O.-CHAYGAON DIST- KAMRUP (R) ASSAM 1.3: NAZRUL AHMED S/O LATE ADAR ALI R/O VILL-DHUMPARA GAON PUB-SAMARIA CHAYGAON P.O.-CHAYGAON DIST- KAMRUP (R) ASSAM 1.4: ARCHADUL AHMED S/O LATE ADAR ALI R/O VILL-DHUMPARA GAON PUB-SAMARIA Page No.# 2/3 CHAYGAON P.O.-CHAYGAON DIST- KAMRUP (R) ASSA VERSUS MD SAMIR ALI S/O LATE CHADULLAH SHEIK, R/O VILL- DHUMPARA GAON, PUB- SAMARIA, CHAYGAON, P.O.-CHAYGAON, DIST- KAMRUP (R), ASSAM, PIN- 781124 For the Petitioner(s) : Mr. Sheeladitya, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.05.2025 Heard Mr. Sheeladitya, the learned counsel appearing on behalf of the petitioner. 2. None appears on behalf of the respondent on call. 3. The petitioner has assailed the order dated 02.08.2023 passed in Misc (J) Case No. 136/2023 arising out of Title Execution Case No. 29/2019 whereby the learned Court of the Civil Judge (Junior Division) No. 4 Kamrup (M) at Guwahati had rejected the application filed under Section 151 of the Code of Civil Procedure, 1908 for calling of the case record from the learned Court of the Civil Judge (Junior Division) No. 1, Kamrup (M), Guwahati on the ground that the learned Court of the Civil Judge (Junior Division) No. 1, Kamrup (M) Guwahati is a Senior Court to Page No.# 3/3 the learned Court of the Civil Judge (Junior Division) No. 4 Kamrup(M) at Guwahati. 4. This Court has duly perused the provisions of the Bengal, Agra and Assam Civil Courts Act, 1887 and from a perusal thereof, the jurisdiction to be exercised by the learned Court of the Civil Judge (Junior Division) No. 1 is the same jurisdiction to be exercised by the learned Court of the Civil Judge (Junior Division) No. 4. Therefore, the rejection of the application by the learned Court of the Civil Judge (Junior Division) No. 4, Kamrup (M), Guwahati on the ground that the learned Court of the Civil Judge (Junior Division) No. 1, Kamrup (M), Guwahati is a Senior Court amounts to failure to exercise the jurisdiction conferred upon the said Court by law. 5. Accordingly, this Court, therefore, interferes with the order dated 02.08.2023 passed by the learned Court of the Civil Judge (Junior Division) No. 4, Kamrup (M), Guwahati and further disposes of the instant proceedings directing the learned Court of the Civil Judge (Junior Division) No. 4, Kamrup (M), Guwahati to pass appropriate orders on petition No. 529/2023 thereby calling for the records from the learned Court of the Civil Judge (Junior Division) No. 1., Kamrup(M), Guwahati. 6. With the above, the instant petition stands allowed. JUDGE Comparing Assistant