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2025 DAILYLAW 25089 (GAU)

ABDUL HANIF AHMED AND 3 ORS v. UPON THE DEATH OF LATE HIRALAL SHARMAH HIS LEGAL HEIRS GANESH SHARMAH AND 10 ORS

I.A.(Civil)/3698/2025 · 2025-12-15

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010194082025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3698/2025 ABDUL HANIF AHMED AND 3 ORS ASSAM 2: HAMIDUL ISLAM ASSAM 3: HASHIBUL ISLAM ASSAM 4: HABIBUL ISLAM ALL ARE SONS OF LATE SAIDUR RAHMAN R/O VILL. MIAPARA MANKACHAR P.O. AND P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM. VERSUS UPON THE DEATH OF LATE HIRALAL SHARMAH HIS LEGAL HEIRS GANESH SHARMAH AND 10 ORS ASSAM 2:CHANDAN SHARMAH ASSAM 3:SANTOSH SHARMAH ASSAM 4:RANJIT SHARMAH ASSAM 5:USHA DEVI ASSAM Page No.# 2/3 6:LAKSHMI SHARMAH ASSAM 7:SUMITA SHARMAH RESPONDENT NOS 1 2 3 AND 4 ARE SONS RESPONDENT NO 5 IS THE WIFE AND RESPONDENT NOS. 6 AND 7 ARE THE DAUGHTERS OF LATE HIRALAL SHARMAH. ALL ARE R/O VILL. MANKACHAR TINIALI P.O. AND P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM. 8:THE STATE OF ASSAM REPRESENTED BY THE COLLECTOR DHUBRI ASSAM. 9:THE ASSTT. SETLEMENT OFFICER MANKACHAR CIRCLE AT MANKACHAR 10:THE SETTLEMENT OFFICER DHUBRI KOKRAJHAR. 11:SAIYED ALI S/O LATE TAIYOB UDDIN VILL. JORDANGA (BORMANPARA) P.S. MANKACHAR DIST. DHUBRI ASSAM ------------ Advocate for : MR. S K TALUKDAR Advocate for : appearing for UPON THE DEATH OF LATE HIRALAL SHARMAH HIS LEGAL HEIRS GANESH SHARMAH AND 10 ORS Page No.# 3/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.12.2025 1. Heard Mr. S. Banik, learned counsel for the applicants. 2. The learned counsel for the applicants has submitted that in this interlocutory application, by order dated 19.11.2025, the notices were issued to the opposite parties and interim relief of stay of execution of the impugned judgment was granted till today. He submits that as the connected appeal has already been admitted and substantial questions of law have also been formulated, this interlocutory application may be disposed of by making the interim relief granted to the applicants by order 19.11.2025 as absolute. 3. Finding sufficient force in the submissions made by the learned counsel for the applicants, this interlocutory application is disposed of by making the interim stay granted by order dated 19.11.2025 as absolute during the pendency of the connected RSA No. 197/2025. JUDGE Comparing Assistant