DR MAZHARUL HAQUE v. MRS. MORJINA BEGUM AND 2 ORS.
CRP(IO)/508/2025 · 2025-12-09
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25950 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25950 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010256152025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/508/2025 DR MAZHARUL HAQUE S/O LATE MD. IMAMUL HAQUE, R/O DACCAPATTY MASJID ROAD WARD NO. 14, HOLDING NO. 130, MOUZA- SADAR TOWN, P.O. AND P.S. NAGAON, DISTRICT- NAGAON, ASSAM PIN- 782001. TO BE REPRESENTED BY MS. JUBIN FIROZA, D/O LATE NAZRUL HUSSAIN, R/O DACCAPATTY MASJID ROAD WARD NO. 14, HOLDING NO. 130, MOUZA- SADAR TOWN, P.O. AND P.S. NAGAON, DISTRICT- NAGAON, ASSAM PIN- 782001. 2: MS JUBIN FIROZA D/O LATE NAZRUL HUSSAIN R/O DACCAPATTY MASJID ROAD WARD NO. 14 HOLDING NO. 130 MOUZA- SADAR TOWN P.O. P.S. NAGAON DISTRICT- NAGAON ASSA VERSUS MRS. MORJINA BEGUM AND 2 ORS. W/O LATE MD. IMAMUL HAQUE, R/O DACCAPATTY MASJID ROAD WARD NO. 14, HOLDING NO. 130, MOUZA- SADAR TOWN, P.O. AND P.S. NAGAON, DISTRICT- NAGAON, ASSAM PIN- 782001. 2:MRS SHAHNAJ YASMIN D/O LATE MD. IMAMUL HAQUE R/O DACCAPATTY MASJID ROAD WARD NO. 14 HOLDING NO. 130 MOUZA- SADAR TOWN P.O. AND P.S. NAGAON DISTRICT- NAGAON ASSAM PIN- 782001. 3:MD GIAS UDDIN S/O LATE HAJI MD. ALI SARKAR R/O DACCAPATTY MASJID ROAD WARD NO. 14
Page No.# 2/2 HOLDING NO. 130 MOUZA- SADAR TOWN P.O. AND P.S. NAGAON DISTRICT- NAGAON ASSAM PIN- 782001 Advocate for the Petitioner : SABRISH AHMED, MR. M I HUDA,MS A HUSSAIN,DARAK ULLAH Advocate for the Respondent : ,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 10.12.2025 Heard Mr. Darak Ullah, learned counsel for the petitioner. This is an application filed under Article 227 of the Constitution of India challenging the order dated 15.02.2025 passed by the learned Civil Judge (Junior Division No. 2), Nagaon in Title Suit No. 14/2021. The petitioner is a resident of Saudi Arabia. He is the plaintiff in the suit before the court below. He prayed for some time for coming to the trial court to adduce evidence. The trial court allowed the prayer of the petitioner subject to payment of cost of Rs.30,000/-. Mr. Ullah has submitted that the cost imposed upon the petitioner is an exorbitant one. I have considered the submission made by the learned counsel for the petitioner. This court is of the opinion that the cost imposed is on the higher side.
After considering the circumstances of the case, the order dated 15.02.2025 passed by the learned Civil Judge (Junior Division No. 2), Nagaon in Title Suit No. 14/2021 is modified. Accordingly, the petitioner shall pay a cost of Rs.2,000/- only instead of Rs.30,000/-. Further, the trial court is directed to give reasonable time and opportunity to the petitioner to deposit the said cost as well as to adduce evidence. Thereafter, the trial court shall proceed to dispose of the matter in accordance with law. With the aforesaid directions, the present civil revision petition stands disposed of. JUDGE Comparing Assistant