Page No.# 1/4 GAHC010064582026 2026:GAU-AS:4530 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/104/2026 SHRI SATTAM SAHA SON OF LATE SWADESH RANJAN SAHA, PROPRIETOR OF SATTAM PLASTIC, RESIDENT OF MAHTA BUILDING, G.S.COLONY, FATASHIL GUWAHATI, DISTRICT - KAMRUP M, ASSAM AND PRESENTLY RESIDING AT HOUSE NO.48, ATHGAON PUKURIPAR, S.C. BYE LANE III, GUWAHATI- 781001. VERSUS ON DEATH OF ALHAZ RAMZAN MOHMMED BHATI, HIS LEGAL HEIRS 1 SMTI ZUBEDA BEGUM WIFE OF LATE ALHAZ RAMZAN MOHMMED BHATI 2:SRI ANWAR HUSSAIN SON OF LATE ALHAZ RAMZAN MOHMMED BHATI 3:ON THE DEATH OF ZAKIR HUSSAIN HIS LEGAL HEIRS 3 i MRS FARIDA BEGUM WIFE OF LATE ZAKIR HUSSAIN 4:3 (II) MR RIAZ AHMED SON OF LATE ZAKIR HUSSAIN 5:3 (III) MR FARDEEN AHMED SON OF LATE ZAKIR HUSSAIN 6:3(IV) MISS ZUNERA BHATI DAUGHTER OF LATE ZAKIR HUSSAIN 7:3 (V) MISS ZIA BHATI DAUGHTER OF LATE ZAKIR HUSSAIN Page No.# 2/4 8:SMTI SHAKIRA GAURI DAUGHTER OF LATE ALHAZ RAMZAN MOHMMED BHATI 9:SMTI SAJIDA DAUGHTER OF LATE ALHAZ RAMZAN MOHMMED BHATI 10:SMTI SHABNAM BANO DAUGHTER OF LATE ALHAZ RAMZAN MOHMMED BHATI 11:SMTI RANJUM GAURI DAUGHTER OF LATE ALHAZ RAMZAN MOHMMED BHATI ALL ARE RESIDENT OF J. B. MARKET 3RD FLOOR JAIL ROAD H. B. ROAD GUWAHATI P.O. P.S.-PANBAZAR DISTRICT-KAMRUPM ASSAM Advocate for the Petitioner : MR. P SARMA, S. K. GUPTA,MR T C DAS,MR. O P BHATI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 30.03.2026 Heard Mr. O. P. Bhati, learned counsel for the petitioner and Mr. J. C. Gaur, learned counsel for the respondents, who appeared on instruction of the respondent. 2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the Order, dated 13.03.2026; passed by the learned Civil Judge (Jr. Div.) No. 1, Kamrup(M), Guwahati; in Title Suit No. 257/2017, arising out of Title Suit No. 16/2025. 3. It is to be noted here that vide impugned order, dated 13.03.2026; the learned Trial Court has dismissed the petition No. 546, filed by the petitioner herein, seeking adjournment to file DWs evidence, on the ground that the defendant is out of station, Page No.# 3/4 at Mumbai; in connection with the medical treatment of his mother. 4. Mr. Bhati, learned counsel for the petitioner submits that earlier, the petitioner had taken 4 adjournments and the last adjournment was allowed; subject to payment of cost and vide petition No. 546, dated 13.03.2026; another adjournment was sought for, as the petitioner was out of station on account of his mother’s treatment at Mumbai and therefore, the evidence of DWs could not be filed and he submits that the petitioner may be allowed to file his DW and he is ready to pay any cost for the same. 5. Mr. J. C. Gaur, learned counsel for the respondent, however, has pointed out that the petitioner herein has adopted the tactics of delay in disposal of the Title Suit No. 257/2017. He further pointed out that the petitioner has filed the evidence of DW-1 in the year 2023 and the cross-examination of the DW-1 was also completed in the year 2025. However, he submits that in the event of granting another date to the petitioner, a particular date may be fixed and also, cost may be imposed. 6. Having heard the submissions of the learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the impugned order, dated 13.03.2026. 7. It appears that the learned Trial Court has observed in the said order that after availing several adjournments, the petitioner herein could not file the evidence of DWs and he had filed the Petition No. 546, without any relevant medical and travel documents. 8. Be that as it may, since the learned counsel for the petitioner has produced the relevant document in support of seeking adjournment and is also agreeable to pay cost, and since he prays for granting only 1 adjournment to file the evidence of DW, and since Mr. Gaur, learned counsel for the respondent has also not seriously opposed to the same; this Court, in the interest of justice, is inclined to allow this petition; subject, however, to payment of cost of Rs. 5000/-, which shall be deposited before the learned Trial Court, before the next date. Page No.# 4/4 9. The petitioner herein is directed to file the remaining DWs, on or before 15.05.2026. 10. In terms of the above, this Civil Revision Petition stands closed. JUDGE Comparing Assistant