Page No.# 1/5 GAHC010234112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3598/2022 JOYDEB PHONGLO AND 13 ORS. G.B. OF MAHUR PHONGLO VILL. MAHUR PHONGLO P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO 2: MONOJ LANGTHASA G.B. OF N. WADRENGDISA VILL. N. WADRENGDISA P.O. WADRENGDISA P.S. MAIBANG DIST. DIMA HASAO 3: SRI DILIP BHOMIZE G.B. OF SAMSERPUR VILL. SAMSERPUR P.O. DAUTUHAJA P.S. MAHUR DIST. DIMA HASAO 4: JATON BATHARI G.B. JORAI BATHARI VILL. JORAI BATHARI P.O. MAHUR P.S. MAHUR DIST. DIMA HASAO. 5: LALTHANGTHOI RANGKHOL G.B. OF DIYUNG HRANGKHOL VILL. DIYUNG HRANGKHOL P.O. HAFLONG Page No.# 2/5 P.S. HAFLONG DIST. DIMA HASAO 6: SHRI DIJON DIBRAGEDE G.B. OF PHAIDING VILL. PHAIDING P.O. DAUTUHAJA P.S.MAHUR DIST. DIMA HASAO. 7: PHAISARON NAIDING G.B. OF N. SOBOJAI VILL. N SOBOJAI P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO 8: LOBOSN KEMPRAI G.B. OF SOBOJAN OLD VILL. SOBOJAI OLD P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO 9: SATYALAL THAOSEN G.B. OF N. DILAOTGHAI VILL. N. DILAOTHAI DIST. DIMA HASAO. 10: SRI AMON THAOSEN G.B. OF DILIMPUR VILL. DILIMPUR P.O. MANDERDISA P.S. LANGTING DIST. DIMA HASAO. 11: JONHAM JOHORI G.B. OF DIDUKI-I VILL. DIDUKI-I P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO. 12: NIRONJAN KEMPRAI Page No.# 3/5 G.B. OF DIDUKI-II VILL. DIDUKI-II P.O. DAUTUHAJA P.S. MAIBANG DIST. DIMA HASAO 13: BIPUL LANGTHASA G.B. OF N. SIMPLANGDISA VILL. N SIMPLANGDISA P.O. MAIBANG P.S. MAIBANG DIST. DIMA HASAO. 14: HAICHUMBE ZEME G.B. OF NRISAMBANGLOW VILL. NRIAMBANGLOW P.O. MAHUR DIST. DIMA HASAO. VERSUS UNION OF INDIA and 2 ORS REPRESENTED BY THE GENERAL MANAGER (CONSTRUCTION) N. F. RAILWAY MALIGAON GUWAHATI 781011 2:THE CHIEF ENGINEER CON. B.G. NORTH EAST FRONTIER RAILWAY MALIGAON GUWAHATI 781011 3:THE DEPUTY CHIEF ENGINEER (CON) B.G. NORTH EAST FRONTIER RAILWAY LUMDING ------------ Advocate for : MR D C K HAZARIKA Advocate for : SC NF RLY appearing for UNION OF INDIA and 2 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Page No.# 4/5 Date : --14.07.2025 [M. Choudhury, J] Heard Mr. D.C.K. Hazarika, learned counsel for the applicants and Mr. A. Dasgupta, learned Senior Counsel assisted by Dr. B.N. Gogoi, learned counsel for the opposite parties. 2. The instant application under Section 151, Code of Civil Procedure, 1908 has been preferred by the applicants praying for withdrawal of 50% of the decreetal amount, which has already been deposited by the opposite parties as appellants in the connected Hill Appeal / Regular First Appeal no. 137/2017. 3. The connected Hill Appeal / Regular First Appeal was admitted on 18.08.2022. Along with the Hill Appeal / Regular First Appeal no. 137/2017, the appellants had preferred an interlocutory application, registered as I.A.[Civil] no. 4270/2017, under Order 41, Rule 5 read with Section 151, Code of Civil Procedure, 1908 for staying/suspending the operation of the impugned Order dated 10.12.2013 passed by the learned Deputy Commissioner, Dima Hasao District, Haflong in Title Suit no. 06/2005. The interlocutory application, I.A.[Civil] no. 4270/2017 was disposed of on 18.08.2022 with a direction to the appellants to deposit 50% of the total decreetal amount in the Registry of the Court within a period of 4 [four] weeks therefrom and the interlocutory application, I.A.[Civil] no. 4270/2017 was disposed of suspending the operation of the impugned Order dated 10.12.2023, subject to deposit of the said 50% of the decreetal amount. 4. The Court in its Order dated 05.01.2023 had observed that the appeal involves multiple legal issues which were to be examined and which cannot be resolved for the purpose of disbursing the decreetal amount made by the appellants to the applicant without hearing the said appeal on merits. 5. We are in agreement with the above view observed in the Order dated 05.01.2023, meaning thereby, the prayer made in this interlocutory application to withdraw the amount, that is, 50% of the decreetal amount can be passed only at the time of disposal of the Hill Appeal / Regular First Appeal no. 137/2017. Page No.# 5/5 6. In such view of the matter, the interlocutory application stands closed with the observation that any prayer for withdrawal of the decreetal amount so deposited, will be decided at the time of disposal of the connected Hill Appeal / Regular First Appeal no. 137/2017. JUDGE JUDGE Comparing Assistant