Page No.# 1/5 GAHC010162142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/292/2025 THE STATE OF ASSAM AND ANR REPRESENTED BY THE DISTRICT COMMISSIONER, DISTRICT- HAILAKANDI, ASSAM 2: THE ASSISTANT SETTLEMENT OFFICER HAILAKANDI REVENUE CIRCLE DISTRICT- HAILAKANDI ASSA VERSUS ASARUN NESSA LASKAR AND 6 ORS. W/O LATE KADAR ALI LASKAR, VILL NARAINPUR PART II, P.O. CHANAPUT WEST, P.S. HAILAKANDI, DISTRICT HAILAKANDI, ASSAM 2:RAJIA BEGUM LASKAR D/O LATE KADAR ALI LASKAR VILL NARAINPUR PART II P.O. CHANAPUT WEST P.S. HAILAKANDI DISTRICT HAILAKANDI ASSAM 3:ABDUL KHALIK LASKAR S/O LATE KADAR ALI LASKAR VILL NARAINPUR PART II P.O. CHANAPUT WEST P.S. HAILAKANDI DISTRICT HAILAKANDI ASSAM 4:MONWARA BEGUM LASKAR D/O LATE KADAR ALI LASKAR VILL NARAINPUR PART II Page No.# 2/5 P.O. CHANAPUT WEST P.S. HAILAKANDI DISTRICT HAILAKANDI ASSAM 5:RABIA BEGUM LASKAR D/O LATE KADAR ALI LASKAR VILL NARAINPUR PART II P.O. CHANAPUT WEST P.S. HAILAKANDI DISTRICT HAILAKANDI ASSAM 6:ABDUL MALIK LASKAR S/O LATE KADAR ALI LASKAR VILL NARAINPUR PART II P.O. CHANAPUT WEST P.S. HAILAKANDI DISTRICT HAILAKANDI ASSAM 7:SOFIA BEGUM LASAKAR D/O LATE KADAR ALI LASKAR VILL NARAINPUR PART II P.O. CHANAPUT WEST P.S. HAILAKANDI DISTRICT HAILAKANDI ASSAM 8:TAYABUR RAHMAN BARBHUYA S/O LT HAZI MOTLIB ALI BARBHUYA VILL NARAINPUR PART II P.S. HAILAKANDI DISTRICT HAILAKANDI ASSA Advocate for the Petitioner : ADDL. SR. GA, ASSAM, Advocate for the Respondent : MR. A M BARBHUIYA (R- 1 TO 7), MS A BEGUM(R- 1 TO 7) Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 31.10.2025 1. Heard Ms. D. D. Barman, the learned senior Additional Government Counsel for the petitioner. Also heard Mr. A. M. Barbhuiya, the learned counsel appearing for respondent Nos. 1 to 7. 2. On perusal of the office note dated 28.10.2025, it appears that notice issued to respondent No. 8 by usual mode has returned with a service report of the process server. 3. On perusal of the report of the process server, it appears that the notice was delivered to the nephew of the respondent No. 8. In view of the report of the process server, the notice issued to respondent No.8 is held to be duly served. 4. No one has appeared on call for respondent No. 8. 5. Hence, this CRP(IO) shall proceed Ex-parte against the respondent No. 8. 6. This application under Article 227 of the Constitution of India has been filed by the petitioners impugning the order dated 08.04.2025 and 25.04.2025, whereby the Court of the learned Civil Judge (Junior Division) No.1, Hailakandi, which is the Executing Court had rejected the prayer by the present petitioner for allowing the PWs to face cross examination. 7. The learned Senior Government Counsel submits that in the Misc. (J) Page No.# 4/5 Case No. 35/2023, the petitioners have already adduced examination in chief of four witnesses. 8. However, due to Panchayat Elections, which were going on at the relevant point of time, the said witnesses could not appear before the Executing Court for facing the cross examination. She submits that the petitioner would be highly prejudiced if the examination-in- chief of the witnesses for the petitioner is expunged and they are not allowed to be allowed to face cross examination. 9. On the other hand, Mr. A. M. Barbhuiya , the learned counsel appearing for respondent Nos. 1 to 7 submits that considering the grounds shown by the learned counsel for the petitioner, the respondent Nos. 1 to 7 do not have any objection if the instant Civil Revision is allowed and the witnesses for the petitioners are allowed to face cross examination. 10. Considering the submissions made by the learned Senior Government Advocate for the petitioner and considering the submissions made by the learned counsel appearing for respondent Nos. 1 to 7 as well as considering the fact that ends of justice would be served if the witnesses of the petitioners are allowed to face cross examination. 11. This CRP(IO) is disposed of with a direction to the Court of learned Munsiff No. 1, Hailakandi to allow the witnesses that the petitioner to face the cross examination in Misc (J) Case No. 35/2023 on the next date fixed. 12. It is hereby made clear that no further adjournment may be granted to the petitioner in this regard. 13. As both the parties are represented by the learned counsel for their engaged counsel, the petitioner along with its witnesses as well as the opposite party/decree holder are directed to appear before the court of learned Munsiff Page No.# 5/5 No. 1, Hailakandi in Misc (J) Case No. 35/2023 in connection with Title Execution Case No. 11/2017 on 21.11.2025. 14. This CRO (IO) is accordingly, disposed of. JUDGE Comparing Assistant