Page No.# 1/3 GAHC040006032025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : CRP (I/O)/1/2025 Smti Ligang Dumi Wife of Late Ligang Riko, resident of A Sector, Naharlagun, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. VERSUS Taba Takar Son of Taba Teshi, resident of Model Village, Naharlagun, Papum Pare District, Arunachal Pradesh. Advocate for the Petitioner : Subu Tapin, Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 11-04-2025 Heard Mr. S. Tapin, learned counsel for the petitioner and Mr. O. Modi, learned counsel for the respondent. 2. This application is made under Article 226 read with Section 227 of the Constitution of India. However, as a writ cannot be issued on a Court, this application is treated as one under Article 227 of the Constitution of India. Page No.# 2/3 3. By this application under Article 227 of the Constitution of India, the petitioner has assailed the order dated 21.03.2025, passed by the learned Civil Judge (Sr. Division), Yupia in I.A. No. 20/2025. 4. The grievance of the petitioner is that the proceedings of Title Appeal No. 9/2024 was registered on 13.12.2024 and the matter was next taken up on 12.03.2025 and the next date of the matter was fixed on 14.05.2025. However, the proceedings of Title Appeal No. 9/2024 were preponed and taken up on 21.03.2025 and on the said date an interlocutory application, which was registered as I.A. No. 20/2025 was taken up, which was filed under the provision of Order XLI Rule 5 of the CPC. The further grievance of the petitioner is that without granting any opportunity to petitioner to contest and/or to file objection against the said application, the learned Court of Civil Judge (Sr. Division), Yupia, in exercise of jurisdiction under Order XLI Rule 5 of the CPC had stayed the proceedings of Execution Application No. 4/2025 which is filed before the EAC, Naharlagun till the pendency of the said Title Appeal No. 9/2024. 5. In so far as the preponement of case is concerned, from the portal of eCourt India Services, it is seen that the Title Appeal No. 9/2024 was preponed and taken up on 21.03.2025 due to the filing of the interlocutory application being I.A. No. 20/202 and accordingly, as per the order dated 21.03.2025, case record was put up in view of the said interlocutory application. 6. Therefore, as there was an impending execution, the entertaining of the interlocutory application by the learned Civil Judge (Sr. Division), Yupia cannot be faulted with. 7. However, under the facts and circumstance of the case, as it especially Page No.# 3/3 appears from the documents of the case that the Execution proceedings which is currently stated to be pending before the Court of EAC, Itanagar Capital Complex is for recovery of either land measuring an area of 980 Sq.Mtr or to refund back a sum of Rs. 24,50,000/- with interest of 4% aggregating to a sum of Rs. 33,32,000/-, essentially the decree for recovery of money. Therefore, the petitioner may be well advised to move the learned Civil Judge (Sr. Division), Yupia under the appropriate provisions of law, either to direct the respondent for deposit of a part of the decretal amount or for providing security. The said application can be filed in such a manner the petitioner may be so advised. 8. Accordingly, the disposal of the I.A. No. 20/2025, shall not be a bar for the petitioner to move the Trial Court in an appropriate manner as the petitioner may be so advised. 9. With observation as indicated above, this CRP (I/O) stands closed. JUDGE Comparing Assistant