Page No.# 1/3 GAHC010282962025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/527/2025 ASHIF MD HUSSAIN S/O- ALTAF HUSSAIN, R/O- GARIGAON, P.O. GARIGAON, P.S. JALUKBARI, DIST. KAMRUP METRO, GUWAHATI-12, ASSAM VERSUS ABDUL RAHMAN S/O- LATE RAJAT ALI, R/O- LOWER MIRJAPUR, P.S. AZARA, DIST. KAMRUP METRO, GUWAHATI-17, ASSAM Advocate for the Petitioner : MR. S CHAMARIA, MR R AKHTAR,MR M M ZAMAN,MOMI KALITA Advocate for the Respondent : , BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 18.12.2025 1. Learned counsel Mr. S. Chamaria is present for the petitioner who has filed this revision petition as the petitioner is aggrieved by the order dated 09.12.2025 passed in Misc.(J) Case No. 925/2025 arising out of T.S. No. Page No.# 2/3 608/2025 which is pending in the Court of the learned Civil Judge (Sr. Division) No. 1, Kamrup (M), Guwahati. 2. It is submitted that at the initial stage, even without issuing notice to the respondents in T.S. No. 608/2025, the petitioner had preferred the Misc.(J) Case No. 925/2025 with prayer for temporary injunction under Order 39 Rule 1 read with Section 150 of the CPC. Vide order dated 01.12.2025, an order was passed not to alienate the suit property as an agreement was executed between the petitioner and the respondent for specific performance of contract. The property is the subject matter of the Title Suit and thus an order was passed not to alienate the suit property. 3. It is submitted that on 01.12.2025, an order was passed but the order has not been uploaded till date. Annexure-6 is the case status of the website which clearly reflects that the order has not been uploaded. The petitioner was not aware of this order. Meanwhile, the learned Civil Judge (Sr. Division) got transferred and the present Civil Judge joined on 09.12.2025, and then this record was placed before the learned Civil Judge and the order impugned was passed by the learned Civil Judge. 4. It was observed by the learned Civil Judge that ad-interim order was passed on 01.12.2025 by his predecessor, whereas, the plaintiff/petitioner had filed a petition on 09.12.2025. The petitioner was directed to take steps on the opposite party by serving copies of the plaint as well as documents and injunction order, but no steps were taken. 5. At this stage, the petitioner is willing to take steps immediately and comply with the order dated 01.12.2025, and has prayed to set aside the order dated 09.12.2025. Page No.# 3/3 6. I have considered the submission that the petitioner was not aware of the order as the order was not uploaded. 7. It is submitted that after hearing the petitioner, the order was not passed in the presence of the petitioner and the order was supposed to be uploaded on the same day but immediately after the transfer of the predecessor of the Trial Court, the order was not uploaded even though the order was passed on the same day i.e., on 01.12.2025. It is also submitted that the petitioner was waiting for the order to be uploaded and therefore he is prejudiced by the order passed on 09.12.2025. 8. Considering the submission, I deem it appropriate to set aside the order dated 09.12.2025. Thereby, the order dated 09.12.2025 is set aside and it is ordered that the order dated 01.12.2025 will remain in force. 9. The petitioner is directed to immediately take steps to issue notice to the defendant and also furnish copies of the relevant documents. 10. In terms of the above observation this petition stands disposed of. JUDGE Comparing Assistant