Page No.# 1/4 GAHC010010182022 2025:GAU-AS:2239 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/15/2022 HATEM ALI AND 3 ORS. S/O- LATE AFAZUDDIN, R/O-VILLAGE JADABPUR, MOUZA-MANDIA, DIST- BARPETA, ASSAM 2: SHAFIQUL ISLAM S/O- LATE AFAZUDDIN R/O-VILLAGE JADABPUR MOUZA-MANDIA DIST- BARPETA ASSAM 3: RAFIKUL ISLAM S/O- LATE AFAZUDDIN R/O-VILLAGE JADABPUR MOUZA-MANDIA DIST- BARPETA ASSAM 4: MST. HAZERA KHATUN D/O- LATE AFAZUDDIN R/O-VILLAGE JADABPUR MOUZA-MANDIA DIST- BARPETA ASSA VERSUS ATAB ALI S/O- LATE ANSER ALI, R/O-VILLAGE JADABPUR, MOUZA-MANDIA, P.O-CHOWKABAOSHI, PIN-781308, DIST- BARPETA, ASSAM Page No.# 2/4 For the petitioner (s) : Ms. V. Roy, Advocate For the respondent (s) : Mr. M. Dutta, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 03.03.2025 Heard Ms. V. Roy, the learned counsel appearing on behalf of the petitioners. Mr. M. Dutta, the learned counsel appears on behalf of the respondent. 2. This is an application filed by invoking the supervisory jurisdiction of this Court challenging The order dated 10.12.2021 passed in Misc.(J) Case No.7/2021 whereby the learned District Judge, Barpeta had fixed 10.01.2022 for passing necessary order. 3. The learned counsel appearing on behalf of the petitioners submitted that as the petitioners application under Section 47 of the Code of Civil Procedure, 1908 was not accepted by the learned Executing Court in Title Execution Case No.54/2017, the petitioner filed an application before the District Judge, Barpeta which was registered and numbered as Misc.(J) Case No.07/2021. The learned counsel for the petitioners submitted Page No.# 3/4 that instead of passing an interim order staying the execution proceedings, the learned District Judge, Barpeta only posted the matter on 10.01.2022 for necessary order. The learned counsel for the petitioners therefore submitted that this is a fit case for exercise of the supervisory jurisdiction of this Court. 4. This Court has duly perused the application so filed as well as the impugned order dated 10.12.2021 so passed. The said impugned order only mentions that the next date is fixed on 10.01.2022 for passing of necessary order. 5. This Court is shocked and surprised as to how the petitioners had filed the instant proceedings by invoking the jurisdiction under Article 227 of the Constitution. It is well settled that the supervisory jurisdiction of this Court is to be exercised to maintain efficiency, smooth and orderly functioning of the entire machinery of justice. The power of interfeence under Article 227 of the Constitution is to be kept to the minimum to ensure that wheels of justice deos not come to a halt. It is seen that in the process of filing the instant application and the execution proceedings being stayed for the last four years, the petitioner have been able to stall the execution proceedings being Title Execution Case No.54/2017. In the opinion of this Court, the order dated 10.12.2021 under no circumstances calls for any interference. In fact, this is not a fit case even to be entertained Page No.# 4/4 at the threshold 6. It is also noticed that this Court had stayed the further proceedings of Title Execution Case No.54/2017 which was pending before the learned Munsiff No.2, Barpeta. The said stay order stands vacated and the parties who are duly represented are directed to appear before the learned Executing Court, i.e. the Court of the learned Munsiff No.2, Barpeta on 17.03.2025. 7. In view of the above, the instant petition stands dismissed. JUDGE Comparing Assistant