Page No.# 1/3 GAHC010031022026 2026:GAU-AS:2498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./72/2026 IMAN ALI KHAN S/O MAHAR ALI KHAN R/O VILL AN DP.O. TOPAR PATHER P.S. CHHAYGAON DIST. KAMRUP (R), ASSAM, PIN-781137. VERSUS RUPCHAN ALI S/O RAHAM ALI R/O VILL- SARALARSUTI, P.S. CHHAYGAON, DIST. KAMRUP (R), ASSAM, PIN-781137. Advocate for the Petitioner : MR N SARMA, S. NARGIZ HAFIZA,MS S. MEHJABIN,MR G U AHMED Advocate for the Respondent : , BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 19.02.2026. Heard Mr. N. Sarma, learned counsel for the petitioner. Page No.# 2/3 This is an application under Section 438/442 of the BNSS, 2023 against the impugned order dated 03.02.2026, passed by the learned Civil Judge (Junior Division), Kamrup (Rural) at Amingaon in Money Execution Case No.5/2025, whereby writ is issued against the present petitioner, fixing the matter on 19.02.2026. It is submitted by Mr. N. Sarma, the learned counsel for the petitioner that the N.I. Case No.74/2023, was pending before the learned Court of learned Civil Judge (Junior Division), Kamrup (Rural) at Amingaon, after the Pre-Lok Adalat, it was settled and the petitioner was directed to pay Rs.3,50,000/- as full and final settlement amount and out of which a sum of Rs.70,000/- was directed to pay him before 15.03.2025. Finally, the matter was settled in the Lok-Adalat on 08.03.2025. Mr. Sarma, the learned counsel further submitted that in pursuant to the order of settlement, the petitioner offered Rs.40,000/- as the first installment but the respondent did not agree to receive the said amount and the he was asking for full and final amount of Rs.3,50,000/- but due to his financial hardship, he could not pay the full and final amount in one time, for which the Money Execution case was registered. After receiving the notice in the said Money Execution case, the petitioner also appeared before the learned Trial Court below and prayed for time for filing his written objection but considering his absence on 03.02.2026, the Decree Holder was directed to take steps for issuance of writ for recovery of the money. However, at present, the petitioner is ready and willing to pay the entire amount, if some time is allowed and if he is allowed to file his written objection appearing before the learned Trial Court below. Page No.# 3/3 Hearing the submission made by the learned counsel for the petitioner, I have also perused the record and the annexure filed along with the petition. It is fact that the case was settled before the National Lok-Adalat on 08.03.2025, wherein the final settlement amount was of Rs.3,50,000/-, which was directed to be paid by the present petitioner. However, considering the submission made by Mr. Sarma, learned counsel and willingness of the petitioner to pay the entire amount, I find that one opportunity may be given to the petitioner to appear before the learned Trial Court below to file his written objection and also to pray time for make the payment on installment basis. In view of above, impugned order dated 03.02.2026, passed by the learned Civil Judge (Junior Division), Kamrup (Rural) at Amingaon in Money Execution Case No.5/2025 is hereby set aside and quashed, directing the present petitioner to appear before the learned Trial Court below on text date of listing of the case, with his written objection if any or to settle the matter finally before the learned Trial Court below. With the above observation, this petition stands disposed of. JUDGE Comparing Assistant