Page No.# 1/4 GAHC010035712023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/67/2023 SANJIB DEY AND ANR S/O BENI BHUSAN DEY, R/O M/S EUREKA PRESS, A SECTOR (INFRONT OF RAJDHANI AUTO PETROL PUMP AND NEQR CANARA BANK) NAHARLAGUN, ARUNACHAL PRADESH, PIN-791110 2: KINGSHUK GHOSH RADHE SHYAM GHOSH R/O DOHA BORA CHUK JORHAT ASSAM PIN-78500 VERSUS MUBASIR JAHAN AND 15 ORS. S/O LATE RASIDUR RAHMAN, R/O 1 NO. CHOUDANG GAON, LICHUBARI, P.O.-CINAMARA, P.S.-JORHAT, PIN-785001, JORHAT, ASSAM 2:LIAKAT AHMED S/O LATE ABU HARISH AHMED R/O BG ROAD JORHAT ASSAM PIN-785001 3:MRS. RAISA ZARINA AHMED W/O LATE ABU ZAFAR SHAH R/O BG ROAD JORHAT ASSAM PIN-785001 4:MRS. TARSI SHAH D/O LATE ABU KARAM SHAH Page No.# 2/4 R/O BG ROAD JORHAT ASSAM PIN-785001 5:SAJJAD AHMED S/O LATE ABU SALEH AHMED R/O BG ROAD JORHAT ASSAM PIN-785001 6:MRS. AYESHA ZARRIN AHMED D/O LATE ABU HASAN AHMED R/O BG ROAD JORHAT ASSAM PIN-785001 7:ZAKIR AHMED S/O LATE ABU FATEH AHMED R/O BG ROAD JORHAT ASSAM PIN-785001 8:ABU ZAFIR SHAH S/O LATE ABU TAHIR SHAH R/O BG ROAD, JORHAT ASSAM, PIN-785001 9:JOYNUL RAHMAN S/O LATE ABU TAHIR SHAH R/O BG ROAD, JORHAT ASSAM, PIN-785001 10:ABU ZAHID SHAH S/O LATE ABU TAHIR SHAH R/O BG ROAD, JORHAT ASSAM, PIN-785001 11:MRS. NUR ZAHAN AHMED W/O LATE HASAN AHMED R/O BG ROAD JORHAT ASSAM PIN-785001 Page No.# 3/4 12:HASIN AFZAL AHMED S/O LATE HASAN AHMED R/O BG ROAD, JORHAT ASSAM, PIN-785001 13:HAROON RASID AHMED S/O LATE HASAN AHMED R/O BG ROAD, JORHAT ASSAM, PIN-785001 14:MRS. ZAKIA RASUL D/O LATE ABU SALEH AHMED R/O BG ROAD, JORHAT ASSAM, PIN-785001 15:KALYAN THAKURIYA S/O LATE RATNADHAR THAKURIYA R/O DIGOMBAR CHUK JORHAT ASSAM PIN-78500 Advocate for the Petitioner : MR. S P SHARMA, K AHMED,MR P R SARMA,MS U SHARMA Advocate for the Respondent : MR S N KRISHNATRAYA (R-1), MR B P BORAH(R-1),MR R YASIN(R-1),MR S.H. CHOUDHURY(R-1) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.09.2025 Heard Mr. N. Sarma, the learned counsel appearing for the petitioners. Also heard Mr. R. Yasin, the learned counsel appearing for the respondent No. 1. 2. This application has been filed under Article 227 of the Constitution of India challenging the impugned order dated 21.07.2022 passed by the learned Civil Judge, Jorhat in T.S. Case No. 62/2022. 3. The respondent being the Defendant and Proforma Defendants 9 and 17 entered appearance on 02.09.2022, but they did not file any written statement. Therefore, on 01.11.2022, the Trial Court directed that the case shall proceed ex-parte against them. Page No.# 4/4 They were given liberty to take part in hearing. 4. I have considered the submissions made by the learned counsel of both sides. 5. The present respondent being the plaintiff before the Trial Court submitted that he will have no objection if the petitioners/defendants are allowed to file their written statement. 6. On the basis of the said submission, the prayer of the petitioners is allowed. 7. The impugned order directing the case to proceed ex-parte against the present petitioner is set aside. 8. The petitioners shall be given liberty to file the written statement on payment of cost of ₹2,000/- (Rupees two thousand) each. After that, the Trial court shall proceed with the case in accordance with the procedures as laid down by law. 9. The cost of ₹2,000/- (Rupees two thousand) which shall be deposited before the Trial Court shall be given to the respondents. 10. The petitioners are directed to file their written statement on 27th October, 2025. Thereafter, the Trial Court shall proceed to dispose of the case in accordance with the procedures as laid down by law. With the aforesaid direction, this petition stands disposed of. JUDGE Comparing Assistant