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2025 DAILYLAW 20484 (GAU)

SYED ATIKUL AHMED v. MD. ABDUL GAFFAR AHMED AND 3 ORS

CRP(IO)/451/2024 · 2025-05-25

Devashis Baruah

body2025

Judgment text

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Page No.# 1/3 GAHC010232772024 2025:GAU-AS:6791 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/451/2024 SYED ATIKUL AHMED S/O LATE ABDUL LATIF, R/O VILL- BANGAON, P.O. AND P.S.-RANGIA, DIST- KAMRUP (M), ASSAM VERSUS MD. ABDUL GAFFAR AHMED AND 3 ORS S/O LATE AJIMUDDIN AHMED, R/O VILL- BANGAON, P.O. AND P.S.- RANGIA, DIST- KAMRUP (R), ASSAM, PIN-781354 2:UNION OF INDIA REPRESENTED BY SECRETARY (HOME/DEFENSE) OF CENTRAL GOVERNMENT 3:COLONEL ADMINISTRATIVE COMMANDANT ARMY RANGIA STATION HEAD QUARTER RANGIA KAMRUP ASSAM 4:THE CIRCLE OFFICER RANGIA REVENUE CIRCLE DIST- KAMRUP (R) ASSA For the Petitioner(s) : Mr. A. K. Gupta, Advocate For the Respondent(s) : None appears. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 26.05.2025 Heard Mr. A. K. Gupta, the learned counsel appearing on behalf of the petitioner. 2. The present proceedings has been initiated challenging the order dated 09.09.2024 passed in Title Suit No.25/2018. 3. A petition was filed for deferring Title Suit No.25/2018 till Title Suit No.26/2018 reaches the stage of arguments by the petitioner herein. The said petition was rejected by the impugned order and it is under such circumstances, the present proceedings have been filed. 4. This Court has enquired with Mr. A. K. Gupta, the learned counsel appearing on behalf of the petitioner as to what is the present stage of Title Suit No.26/2018. The learned counsel submitted that it is still at the stage of plaintiff evidence. 5. Considering the above, this Court is of the opinion that there is no good grounds for exercising the supervisory jurisdiction of this Court in the present proceedings against the order dated 09.09.2024 for which the instant petition stands dismissed. 6. The interim order passed on 11.11.2024 stands vacated and the petitioner is directed to appear before the learned Trial Court i.e. the Court of the learned Civil Judge (Junior Division), Rangia at Kamrup on 23.06.2025. 7. The Court of the learned Civil Judge (Junior Division), Rangia at Kamrup shall proceed with the said suit i.e. Title Suit No.25/2018 in Page No.# 3/3 accordance with law. 8. Taking into account that the respondents are not represented in the present proceedings, due notice shall also be given to the said respondents before proceeding with the arguments of the said suit. JUDGE Comparing Assistant