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2026 DAILYLAW 15071 (GAU)

MD. ABBAS KHAN AND 2 ORS. v. MD. ASHRAF NADEEM HUSSAIN

CRP/74/2026 · 2026-09-21

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010097852026 2026:GAU-AS:14000 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/74/2026 MD. ABBAS KHAN AND 2 ORS. S/O LATE BADSHAH KHAN, R/O NALIAPOOL, P.O, P.S. AND DISTRICT- DIBRUGARH. 2: MD. YUNNUS KHAN S/O LT. BADSHAH KHAN R/O PANCHALI P.O P.S. AND DIST- DIBRUGARH ASSAM. 3: MD. AYUB KHAN S/O LATE BADSHAH KHAN P.O P.S. AND DIST- DIBRUGARH ASSAM VERSUS MD. ASHRAF NADEEM HUSSAIN S/O LT. SAFQAT LATIF, R/O M.R. ROAD (KAURIPATTY), NALIAPOOL, P.O., P.S AND DIST- DIBRUGARH Advocate for the Petitioner : MR SISHIR DUTTA, MS K BORAH,MR. SIDHANT DUTTA,MS S MOCHAHARI Advocate for the Respondent : MR. A K GUPTA, MR. R K MAHANTA,MR K J SAIKIA Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 22.09.2026 Heard Mr. S. Dutta, the learned senior counsel assisted by Mr. S. Dutta, the learned counsel appearing for the petitioners. Heard Mr. A.K. Gupta, the learned counsel appearing for the respondent. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 05.01.2026 passed by the learned Civil Judge (Sr. Divn.), Dibrugarh in Misc. Appeal No.12/2018 affirming the order dated 30.07.2018 passed by the learned Civil Judge (Jr. Divn.) No.2, Dibrugarh in Misc. (J) Case No.123/2017 arising out of Title Suit No.151/2017. 3. The petitioners filed Title Suit No.151/2017 against the respondent praying for a declaration that they are the owners of a plot of land measuring 2 Kathas 12 Lechas. They also prayed for some other reliefs. 4. In the written statement filed by the respondent’s side, it was admitted that the petitioners are in occupation of the said suit land. 5. While filing the suit Title Suit No.151/2017, the petitioners prayed for an injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure (CPC). The learned trial court refused to grant injunction. The learned trial court only directed that till disposal of the suit, no third party transaction of the suit land should be done. 6. The petitioners filed an appeal in the court of the learned Civil Judge (Sr. Divn.), Page No.# 3/3 Dibrugarh. The learned appellate court also agreed with the trial court and dismissed the appeal. 7. I have considered the submissions made by the learned counsels of both sides. 8. It is an admitted fact that the petitioners are in occupation of the suit land. On 10.08.2026, this Court directed both sides to maintain status quo in respect of the suit land. This Court is of the opinion that till disposal of the suit before the trial court, under the given circumstances, the parties should maintain status quo in respect of the suit land. Therefore, both sides are directed to maintain status quo as on today till disposal of Title Suit No.151/2017. With the aforesaid direction, the civil revision petition is disposed of. JUDGE Comparing Assistant