Page No.# 1/3 GAHC010024702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/212/2025 MILAN CHANDRA NATH S/O LATE DULAL CH. NATH, RESIDENT OF NATUAGAON (NABARI), P.S. AND DIST- MORIGAON, PIN-782105 VERSUS DHULIBAR DAS S/O LT. LAKHUPATI DAS, RESIDENT OF VILLAGE- AHATGURI, P.O.- NATUAGAON, P.S. AND DIST- MORIGAON, PIN-782105 Advocate for the Petitioner : MR. S SAHU, MS A ROY Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 13.06.2025 Heard Mr. S. Sahu, learned counsel for the petitioner. 2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the correctness or otherwise of the order dated 23.07.2024, passed by the learned Civil Judge (Junior Division) No. 2, Morigaon, Page No.# 2/3 in M. Ex. Case No. 1/2021, arising out of M.S. No. 15/2014. 3. Mr. Sahu, learned counsel for the petitioner submits that the M. Ex. Case No. 1/2021 was dismissed by learned Civil Judge (Junior Division) No. 2, Morigaon, vide impugned order dated 23.07.2024, on the ground that on the date fixed by the learned Court, the petitioner herein remained absent in the Court and he did not take steps as per orders dated 06.03.2024, 25.04.2024 and 11.06.2024. However, Mr. Sahu has pointed out that against the judgment and decree dated 07.03.2020, passed by the learned Civil Judge (Junior Division) No. 2, Morigaon, in M.S. No. 15/2014, the petitioner herein had preferred one first appeal before the learned Civil Judge (Senior Division), Morigaon, being M.A. No. 1/2020, and the same also came to be dismissed on 18.07.2023. Mr. Sahu also submits that thereafter, the respondent herein had preferred on regular first appeal, being RSA No. 188/2023 before this Court, wherein this Court, vide order dated 10.11.2023, in I.A. (Civil) No. 3105/2023, arising out of RSA No. 188/2023, stayed the judgment and decree dated 18.07.2023, passed by the learned Civil Judge (Senior Division), Morigaon, being M.A. No. 1/2020. Mr. Sahu further submits that the aforementioned order was not communicated to the counsel for the petitioner in M. Ex. No. 1/2021, and also to the learned Court and as such, the impugned order dated 23.07.2024, is illegal and arbitrary as the learned Court ought not to have proceeded with the M. Ex. Case No.1/2021 after the judgment and decree passed by the learned Appellate Court being stayed by this Court and therefore, it is contended to set aside the same. 4. Having heard the submission of Mr. Sahu, learned counsel for the petitioner, I have carefully gone through the petition and the documents placed on record, and also perused the impugned order dated 23.07.2024, and also the Page No.# 3/3 order dated 10.11.2023, in I.A. (Civil) No. 3105/2023, arising out of RSA No. 188/2023. 5. It appears that vide order dated 10.11.2023, this Court had stayed the judgment and decree dated 18.07.2023, passed by the learned Civil Judge (Senior Division), Morigaon, being M.A. No. 1/2020, and as such, the learned Civil Judge (Junior Division) No. 2, Morigaon ought not to have proceeded with M. Ex. Case No. 1/2021. 6. In that view of the matter, the impugned order dated 23.07.2024, appears to be illegal and arbitrary and therefore, the same stands set aside and quashed. 7. In terms of above, this revision petition stands disposed of at this motion stage itself. JUDGE Comparing Assistant