Page No.# 1/3 GAHC010229552019 2025:GAU-AS:7157 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/311/2019 AMLAN SAIKIA S/O LT. SURENDRA SAIKIA, R/O UZAN BAZAR, JORPUKHURI, DIST. KAMRUP (M), GUWAHATI-781001 VERSUS LALITA DAS AND 3 ORS. W/O LT. JADAB CH. DAS, R/O VILL. RUKMINIGAON, NEAR NAMGHAR, HOUSE NO. 201, WARD NO. 58, UNDER GMC, P.S. DISPUR, DIST. KAMRUP (M), GUWAHATI-781002 2:NAREN DAS S/O LT. SABHA RAM DAS R/O VILL. RUKMINIGAON NEAR GOPAL KRISHNA NAGAR NAMGHAR MOUZA-BELTOLA P.S. DISPUR DIST. KAMRUP (M) GUWAHATI-781002 3:SITA RAM BARMAN S/O BHABESH BARMAN R/O VILL. RUKMINIGAON NEAR GOPAL KRISHNA NAGAR NAMGHAR MOUZA- BELTOLA GUWAHATI DIST. KAMRUP (M) PIN-781002 4:SASHI KANT MAHANTY S/O LT. PITAMBAR MAHANTY R/O VILL. RUKMINIGAON Page No.# 2/3 NEAR GOPAL KRISHNA NAGAR NAMGHAR MOUZA- BELTOLA GUWAHATI DIST. KAMRUP (M) PIN-78100 For the Petitioner(s) : Mr. G. Kaushik, Advocate For the Respondent(s) : Mr. M. Talukdar, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 02.06.2025 Heard Mr. G. Kaushik, the learned counsel appearing on behalf of the petitioner. Mr. M. Talukdar, the learned counsel appears on behalf of the respondents. 2. The petitioner herein has invoked the supervisory jurisdiction of this Court challenging the order dated 19.08.2019 passed by the learned Court of the Civil Judge No. 2, Kamrup (M), Guwahati (hereinafter referred to as, “the learned Trial Court”) in Misc (J) Case No. 543/2018 arising out of Title Suit No. 494/2017 whereby the said application being Misc (J) Case No. 543/2018 was dismissed. It is the case of the petitioner herein that the suit was not maintainable in view of the provisions of the Assam (Temporarily Settled Areas) Tenancy Act, 1971 inasmuch as the plaintiff was required to seek relief under the said provisions and not by way of filing of a suit. Page No.# 3/3 3. The learned Trial Court vide the impugned order dated 19.08.2019 had rejected the said application being Misc (J) Case No. 543/2018 taking into consideration that the suit so filed by the plaintiff was a suit based upon claiming right, title and interest on the basis of adverse possession and as such, the said application was not maintainable. 4. This Court finds no ground to interfere with the impugned order dated 19.08.2019 passed by the learned Trial Court, for which, the instant petition stands dismissed. 5. It is further seen that vide an order dated 20.09.2019, the further proceedings of Title Suit No. 494/2017 pending before the learned Trial Court was stayed. The said stay order is vacated and the parties herein are directed to appear before the learned Trial Court i.e. the learned Court of the Civil Judge No. 2, Kamrup (M), Guwahati on 23.06.2025 for further proceedings of Title Suit No 494/2017. JUDGE Comparing Assistant