Page No.# 1/6 GAHC010220302024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3326/2024 TOMSER ALI AND ORS S/O LATE KOBEL UDDIN, RESIDENT OF VILLAGE FULERCHAR PART II, PS SOUTH SALMARA MANCACHAR, DIST SOUTHSALMARA, ASSAM 783127 2: NUR MAHAMMAD S/O ABDUL MALEK RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 3: ON THE DEATH OF SHAMSUL HOQUE HIS LEGAL HEIRS SOLEMA BIBI (WIFE) RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 4: SAMINA KHATUN (DAUGHTER) RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 5: AMINA KHATUN (DAUGHTER) RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 6: SOLEMAN SK Page No.# 2/6 (SON) RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 7: AFRUZA BEGUM (DAUGHTER) RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 8: MARUFA KHATUN (DAUGHTER) RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 9: KOLOM UDDIN S/O MOFIZ UDDIN RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 10: BABUL S/O NUR JAMAL RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 11: NOSUM UDDIN S/O AFAZ UDDIN RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 12: LAL MIAH SK @ LALSHAH S/O LATE AFAZ UDDIN RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 Page No.# 3/6 13: GOLAM RABBANI S/O SAFAR UDDIN RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 14: ROHAM ALI S/O LATE SOFIAR BEPARI RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 78312 VERSUS ON THE DEATH OF NAJAR UDDIN DEWANI HIS LEGAL HEIRS MONSER ALI AND ORS SON RESIDENT OF VILLAGE FULERCHAR PART II, PS SOUTH SALMARA MANCACHAR, DIST SOUTHSALMARA, ASSAM 783127 2:ABU BAKKAR SON RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 3:ROHIMA KHATUN DAUGHTER RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 4:ON THE DEATH OF HAKIM ALI HIS LEGAL HEIRS BILAT ALI SON RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 5:AKKABAR ALI SON RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 Page No.# 4/6 6:SEKANDAR ALI SON RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 7:ABU TAHER ALI SON RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 8:NOBJAN BEWA DAUGHTER RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 9:NECHAR BEWA DAUGHTER RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 783127 10:FOJITULLAH SK S/O LATE SARAN UDDIN RESIDENT OF VILLAGE FULERCHAR PART II PS SOUTH SALMARA MANCACHAR DIST SOUTHSALMARA ASSAM 78312 Advocate for the Petitioner : MR. T K BHUYAN, MR. J DEKA,ARUNABH SARMA,MR. S K DEKA,MR. S SARMA,MR. C TALUKDAR Advocate for the Respondent : , Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 25.06.2025 Mr. J. Deka, learned counsel for the applicants and Mr. K.K. Dey, learned counsel for the opposite party Nos. 1 & 2. 2. This application, under Order 41 Rule 5 read with Order 42 Rule 1 and Section 151 of the CPC, is preferred by the applicants for staying the operation of the order dated 15.07.2024, passed by the learned Civil Judge (Senior Division), South Salmara, Mancachar, in Title Appeal No. 07/2023 and also the judgment and decree dated 28.07.2023, passed by the learned Civil Judge (Junior Division), Hatsingimari, in Title Suit No. 162/2016. 3. Mr. Deka, learned counsel for the applicants submits that the connected regular second appeal has already been admitted by this court and the respondents have entered appearance and the LCR has also been received and as such, the matter is ready for hearing. Mr. Deka further submits that, in the meantime, the respondents have instituted one title execution case, being T.Ex. No. 01/2024, wherein the learned Executing Court has issued notice and also directed the decree holder to verify the schedule of the decretal land and fixed the matter on 26.06.2025. Mr. Deka further submits that if in the meantime the decree is executed, then the RSA would be rendered infructuous and as such, he has contended to stay the decree till disposal of the RSA. 4. On the other hand, Mr. Dey, learned counsel for the opposite party Nos. 1 & 2, has, however, opposed the petition and submits that the impugned order was passed one year back and that since the matter is ready for hearing, entire matter may be heard and disposed of immediately after re-opening of the vacation. 5. Taking note of the submissions of learned counsel for both the parties and Page No.# 6/6 also the facts and circumstances on the record and further considering the fact that the connected RSA is ready for hearing, this court is inclined to allow this application by staying the decree till disposal of the RSA. 6. Accordingly, this IA stands disposed of. 7. Since the LCR has already been received and the parties have entered appearance, list the RSA No. 201/2024 on 07.08.2025, for hearing. JUDGE Comparing Assistant