Page No.# 1/5 GAHC010227212019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/307/2019 ABU TALEB ALI @ ABU TALEB SHEIKH AND ANR. S/O. SANTOSH ALI, VILL. JHAWPARA, P.S. BAGRIBARI, DIST. DHUBRI, PIN- 783349. 2: ABU TAHER @ ABU TAHER SHEIKH S/O. SANTOSH ALI VILL. JHAWPARA P.S. BAGRIBARI DIST. DHUBRI PIN-783349 VERSUS AZIBAR SK. AND 5 ORS. S/O. LT. SANTOSH ALI, P.S. BAGRIBARI, DIST. DHUBRI, PIN-783349. 2:ON THE DEATH OF KURMAN ALI HIS LEGAL HEIRS DIST. DHUBRI 2.1:JAHARBI BIBI W/O LATE KURMAN ALI VILL. RANGAMATI PART-II P.O. - RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339. 2.2:JAHAR ALI S/O LATE KURMAN ALI VILL. RANGAMATI PART-II Page No.# 2/5 P.O. - RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339. 2.3:ZAHEER UDDIN S/O LATE KURMAN ALI VILL. RANGAMATI PART-II P.O. - RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339. 2.4:KASUR UDDIN S/O LATE KURMAN ALI VILL. RANGAMATI PART-II P.O. - RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339. 2.5:KAMALA KHATUN D/O LATE KURMAN ALI VILL. RANGAMATI PART-II P.O. - RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339. 2.6:TAJBHANU KHATUN D/O LATE KURMAN ALI VILL. RANGAMATI PART-II P.O. - RANGAMATI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-783339. 3:SURMAN ALI S/O. LT. SABAN ALI Page No.# 3/5 VILL. RANGAMATI PART-II P.S. BAGRIBARI DIST. DHUBRI PIN-783349. 4:MOHAR ALI S/O. LT. SABAN ALI VILL. RANGAMATI PART-II P.S. BAGRIBARI DIST. DHUBRI PIN-783349. 5:SAHA ZAMAL PARMANIK S/O. LT. SABED ALI PARMANIK VILL. RANGAMATI PART-II P.S. BAGRIBARI PIN-783349. 6:ABU SAMA CHOUDHURY S/O. LT. SANTOSH ALI VILL. JHAWPARA P.S. BAGRIBARI DIST. DHUBRI PIN-7833493 Advocate for the petitioner(s): Mr. KK Dey Advocate for the respondent(s): Mr. M Hussain B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 28.04.2025 Mr. KK Dey, the learned counsel appearing on behalf of the petitioners Page No.# 4/5 submits that there has been inadvertent error in moving the application under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short, the Code) before the Court of the learned District Judge, Dhubri in Title Appeal No.02/2017 without first seeking leave in terms with Order XLI Rule 27 for adducing additional evidence. He, therefore, submitted that he may be permitted to withdraw the instant application so that an appropriate application can be filed before the learned First Appellate Court i.e. the Court of the learned District Judge, Dhubri in Title Appeal No.02/2017. He further submitted that while adjudicating the application under Order XLI Rule 27, which is required to be done along with the hearing of the appeal, the learned First Appellate Court shall not be influenced by the order dated 26.07.2019, impugned in the instant proceeding. 2. This Court had duly heard the learned counsels appearing on behalf of the parties. 3. Taking into account that an application under Order XXVI Rule 9 of the Code amounts to bringing on record some additional evidence at the stage of appeal, it is the opinion of this Court that such an application is not maintainable without first seeking leave in terms with Order XLI Rule 27 of the Code. 4. Under such circumstances, this Court is in agreement with the submission so made by Mr. KK Dey, the learned counsel appearing on behalf of the petitioners and, therefore, closes the instant petition on withdrawal with an observation that the withdrawal of the instant petition shall not affect the rights of the petitioners, who are the appellants in Title Appeal No.02/2017 to prefer an application under Order XLI Rule 27 of the Code and in the event, any such application is filed, which is required to be considered at the stage of hearing in Page No.# 5/5 terms with the decision rendered by the Supreme Court in the case of Union of India Vs. Ibrahim Uddin & Anr. reported in (2012) 8 SCC 148, the learned First Appellate Court shall decide the said application under Order XLI Rule 27 without being influenced by the order dated 26.07.2019. 5. Taking into account the disposal of the instant proceedings, the interim order passed by this Court dated 18.09.2019 is hereby vacated and the parties herein who are duly represented are directed to appear before the learned First Appellate Court on 19.05.2025. 6. With the above, the revision application stands closed. JUDGE Comparing Assistant