Page No.# 1/4 GAHC010248492022 2025:GAU-AS:2553 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/297/2022 SAHJAHAN ALI S/O LATE ADHAN ALI, R/O TAKUNABORI, MOUZA- CHARAIBARI, P.S.- MIKIRBHETA, DIST- MORIGAON, ASSAM, PIN- VERSUS ON THE DEATH OF IBRAHIM SHEIKH , HIS LEGAL HEIRS AND ORS. (LEGAL HEIRS) 1.1:AMINA BEGUM W/O LATE IBRAHIM ALI @ IBRAHIM SHEIKH R/O VILL- TAKUNABORI MOUZA- CHARAIBAHI DIST-MORIGAON ASSAM 1.2:IKRAMUL HUSSAIN S/O LATE IBRAHIM ALI @ IBRAHIM SHEIKH R/O VILL- TAKUNABORI MOUZA- CHARAIBAHI DIST-MORIGAON ASSAM 1.3:HEDAYAT ULLAH S/O LATE IBRAHIM ALI @ IBRAHIM SHEIKH R/O VILL- TAKUNABORI MOUZA- CHARAIBAHI DIST-MORIGAON ASSAM 1.4:SUBHANA BEGUM D/O LATE IBRAHIM ALI @ IBRAHIM SHEIKH Page No.# 2/4 W/O SHAHJAHAN HUSSAIN R/O VILL- MUSALMANGAON MOUZA- MORIGAON DIST- MORIGAON ASSAM 1.5:SEMIM SULTANA D/O LATE IBRAHIM ALI @ IBRAHIM SHEIKH W/O NURJAHAN ALI R/O VILL- MUSALMANGAON MOUZA- MORIGAON DIST- MORIGAON ASSAM 2:IKBAL HUSSAIN S/O LATE YAKUB ALI @ YAKUB SHEIKH R/O JALUGUTI (TAKUNABORI) MOUZA-CHARAIBAHI P.S.-MIKIRBHETA DIST-MORIGAON ASSAM 3:IMDAD HUSSAIN S/O LATE YAKUB ALI @ YAKUB SHEIKH R/O JALUGUTI (TAKUNABORI) MOUZA-CHARAIBAHI P.S.-MIKIRBHETA DIST-MORIGAON ASSAM 4:SAHIDA BEGUM W/O LATE YAKUB ALI @ YAKUB SHEIKH R/O JALUGUTI (TAKUNABORI) MOUZA-CHARAIBAHI P.S.-MIKIRBHETA DIST-MORIGAON ASSA For the Petitioner(s) : Mr. B.D. Deka, Advocate Mr. N. Choudhury, Advocate For the Respondent(s) : Mr. M. Pandit, Advocate BEFORE Page No.# 3/4 HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 10.03.2025 Heard Mr. B.D. Deka, the learned counsel appearing on behalf of the petitioner. Mr. M. Pandit, the learned counsel appears on behalf of the respondents. 2. This is an application filed under Article 227 of the Constitution of India challenging the order dated 08.09.2022 passed in Title Suit No. 157/2021 as well as another order dated 08.09.2022 passed in M.J. Case No. 83/2021 arising out of Title Suit No. 157/2021 by the Court of the learned Munsiff No. 2, Morigaon (hereinafter referred to as, “the learned Trial Court”). 3. A perusal of the impugned orders impugned in the instant proceedings show that the written statement as well as the written objection filed by the petitioner herein who is the defendant No. 2 in the suit was duly accepted by the learned Trial Court, but beyond the period of 90 days. Subsequent thereto, an application was filed by the plaintiff that the said written statement as well as the written objection was filed after the period of 90 days and in that regard, the learned Trial Court had passed the order dated 08.09.2022 in both the proceedings as referred to herein above. 4. It is the opinion of this Court that when the written statement as well as the written objection have been accepted and brought on record, the learned Trial Court ought not to have passed the impugned orders, thereby observing that the written statement as well as the written objection so filed by the petitioner herein who is the defendant No. 2 in Page No.# 4/4 the suit shall not be taken on record and shall not be accepted. 5. Considering the above, this Court therefore interferes with the orders dated 08.09.2022 passed in Title Suit No. 157/2021 as well as in M.J. Case No. 83/2021 arising out of Title Suit No. 157/2021. The learned Trial Court is directed to take on record the written statement as well as the written objection filed by the defendant Nos. 1, 2, 4 and 5 and thereupon proceed with the disposal of the suit in accordance with law. 6. It is further seen that the learned Coordinate Bench of this Court vide an order dated 05.12.2022 had stayed the further proceedings of Title Suit No. 157/2021. The said stay order is vacated and as the parties are duly represented before this Court, they are directed to appear before the learned Trial Court i.e. the Court of the learned Munsiff No. 2, Morigaon on 09.04.2025 for further proceedings of both the injunction application and the suit. 7. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant