Page No.# 1/5 GAHC010214012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/402/2025 MD. MIFTAUL HUSSAIN AND ANR S/O LATE MD. ELIAS (FATHER) AND LATE JELILA BEGUM (MOTHER), RESIDENT OF MARUWARY PATTY, WARD NO 2, GOLAGHAT TOWN, P.O AND P.S- GOLAGHAT, DISTRICT- GOLAGHAT, ASSAM, PIN- 785621 2: MD FAROOK HUSSAIN S/O LATE MD. ELIAS (FATHER) AND LATE JELILA BEGUM (MOTHER) RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN PO AND PS GOLAGHAT DISTRICT GOLAGHAT ASSAM PIN 78562 VERSUS MD. IMRAN HUSSAIN AND ANR S/O LATE MD. ELIAS (FATHER) AND LATE JELILA BEGUM (MOTHER), RESIDENT OF MARUWARY PATTY, WARD NO 2, GOLAGHAT TOWN, P.O AND P.S- GOLAGHAT, DISTRICT- GOLAGHAT, ASSAM, PIN- 785621 2:MRS. BENJIR BEGUM D/O LATE MD. ELIAS (FATHER) AND LATE JELILA BEGUM (MOTHER) W/O MD. SEHIDUR RAHMAN RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN PO AND PS GOLAGHAT DISTRICT GOLAGHAT ASSAM PIN 78562 Advocate for the Petitioner : L K BORAH, MR. D K BORAH,C KALITA Page No.# 2/5 Advocate for the Respondent : S DAS (FOR CAVEATOR), MR. M DUTTA (R-2),S DAS (R-2),D KHERKATARY (R-2) Linked Case : I.A.(Civil)/3117/2025 MD MIFTAUL HUSSAIN AND ANR S/O LATE MD. ELIAS (FATHER) AND LATE JELILA BEGUM (MOTHER) RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN P.O AND P.S- GOLAGHAT DISTRICT- GOLAGHAT ASSAM PIN- 785621 2: MD FAROOK HUSSAIN S/O LATE MD. ELIAS (FATHER) AND LATE JELILA BEGUM (MOTHER) RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN PO AND PS GOLAGHAT DISTRICT GOLAGHAT ASSAM PIN 785621 VERSUS MD IMRAN HUSSAIN AND ANR S/O LATE MD. ELIAS (FATHER) AND LATE JELILA BEGUM (MOTHER) RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN P.O AND P.S- GOLAGHAT DISTRICT- GOLAGHAT ASSAM PIN- 785621 2:MRS. BENJIR HUSSAIN D/O LATE MD. ELIAS (FATHER) AND LATE JELILA BEGUM (MOTHER) W/O MD. SEHIDUR RAHMAN RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN PO AND PS GOLAGHAT Page No.# 3/5 DISTRICT GOLAGHAT ASSAM PIN 785621 ------------ Advocate for : L K BORAH Advocate for : S DAS (FOR CAVEATOR) appearing for MD IMRAN HUSSAIN AND ANR Linked Case : I.A.(Civil)/2458/2026 MD MIFTAUL HUSSAIN AND ANR SON OF LATE MD ELIAS FATHER LATE JELILA BEGUM MOTHER RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN PO AND PS GOLAGHAT DISTRICT GOLAGHAT ASSAM 785621 2: MD FAROOK HUSSAIN SON OF LATE MD ELIAS FATHER LATE JELILA BEGUM MOTHER RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN PO AND PS GOLAGHAT DISTRICT GOLAGHAT ASSAM 785621 VERSUS MD IMRAN HUSSAIN AND ANR SON OF LATE MD ELIAS FATHER LATE JELILA BEGUM MOTHER RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN PO AND PS GOLAGHAT DISTRICT GOLAGHAT ASSAM 785621 2:MRS BENJIR HUSSAIN SON OF LATE MD ELIAS FATHER LATE JELILA BEGUM MOTHER WIFE OF MD SEHIDUR RAHMAN RESIDENT OF MARUWARY PATTY WARD NO 2 GOLAGHAT TOWN PO AND PS GOLAGHAT DISTRICT GOLAGHAT ASSAM 785621 ------------ Advocate for : L K BORAH Advocate for : MR. M DUTTA appearing for MD IMRAN HUSSAIN AND ANR Page No.# 4/5 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 30.07.2026 Heard Mr. L.K. Borah, the learned counsel appearing for the petitioners. Also heard Mr. M. Dutta, the learned counsel representing the Respondent No.2. 2. This is an application under Article 227 of the Constitution of India challenging the orders dated 02.07.2025 & 04.09.2025 passed by the learned Civil Judge (Jr. Divn.) No.1, Golaghat in Title Suit No.03/2020. 3. The petitioners are the defendants before the trial court. When the case was posted for adducing defence evidence, they kept on taking adjournments. Ultimately, the trial court closed the hearing of the evidence of defendants’ side. 4. Mr. Borah has submitted that the suit is between brothers and sisters. Mr. Borah submits that at least one opportunity should be given to the defendants to adduce defence evidence. 5. Mr. Dutta has objected to the said prayer on the ground that the defendants/petitioners had taken several adjournments and was indulging in dilatory tactics. 6. I have considered the submission made by the learned counsels of both sides. 7. The record shows that the defendants had taken several adjournments. This Court is of the opinion that the learned trial court has been liberal enough to grant adjournments to the defendants. But, ultimately, the trial court had to be strict enough. Page No.# 5/5 8. Even after all these, for the ends of justice, this Court opines that one single opportunity should be given to the defendants to adduce evidence. Therefore, the order dated 04.09.2025 passed by the learned Civil Judge (Jr. Divn.) No.1, Golaghat in Title Suit No.03/2020 is set aside. The trial court is directed to give only one opportunity to the defendants to file their evidences subject to payment of a cost of ₹5,000/-. 9. The petitioners/defendants shall pay the cost of ₹5,000/- and on receipt of the cost, their evidences shall be taken on record. The cost shall be paid to the plaintiffs/respondents. If the petitioners fails to pay the cost of ₹5,000/-, their evidences shall not be accepted and the trial court shall proceed to dispose of the case in accordance with the procedure as laid down by law. With the aforesaid direction, the revision petition as well as the Interlocutory Applications are disposed of. JUDGE Comparing Assistant