Page No.# 1/4 GAHC010158392024 2026:GAU-AS:7216 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/291/2024 MD. ABU SAYED S/O LATE ABDUL WABAB, R/O- VILL. CHATIYAN, MOUZA- JURIA, P.S.- JURIA, DISTRICT- NAGAON, ASSAM, PIN- 782124. VERSUS MD. RAMIJUDDIN AND 7 ORS S/O LATE LAL MIYA, R/O- MOIRABARI, MOUZA- LAHARIGHAT, DISTRICT- MORIGAON, ASSAM, PIN- 782127. 2:MD. RAFIK S/O LATE LAL MIYA R/O- MOIRABARI MOUZA- LAHARIGHAT DISTRICT- MORIGAON ASSAM PIN- 782127. 3:MD. SAFIKUL S/O LATE LAL MIYA R/O- MOIRABARI Page No.# 2/4 MOUZA- LAHARIGHAT DISTRICT- MORIGAON ASSAM PIN- 782127. 4:RAHIMA KHATUN W/O MD. RAID UDDIN R/O- VILL.- JURIA MOUZA AND P.S. -JURIA DISTRICT- NAGAON ASSAM PIN- 782124. 5:SAIDER MA W/O- AKIJUDDIN R/O- VILL.- JURIA MOUZA AND P.S. -JURIA DISTRICT- NAGAON ASSAM PIN- 782124. 6:JAMILA KHATUN W/O- LATE LALA MIYA R/O- MOIRABARI MOUZA- LAHARIGHAT DISTRICT- MORIGAON ASSAM PIN- 782127. 7:SARFA W/O- LATE LALA MIYA R/O- MOIRABARI MOUZA- LAHARIGHAT DISTRICT- MORIGAON Page No.# 3/4 ASSAM PIN- 782127. 8:HAJERA KHATUN W/O- LATE LALA MIYA R/O- MOIRABARI MOUZA- LAHARIGHAT DISTRICT- MORIGAON ASSAM PIN- 782127 Advocate for the Petitioner : S AHMED, MS A HUSSAIN,MS. R DEVI,MR M RAHMAN Advocate for the Respondent : MR. R PHUKAN (R-1,3,5,6,7,8, MR S KHOUND(R-1,3,5,6,7,8,MS. N BORAH(R-1,3,5,6,7,8,MS. S. SAIKIA(R-1,3,5,6,7,8 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 25.05.2026 Heard Ms. D. Bora, learned counsel appearing on behalf of Mr. S. Ahmed, learned counsel for the petitioner. Also heard Mr. S. Khound, learned counsel appearing for the respondent nos. 1, 3, 5, 6, 7 and 8. 2. It appears from the office note dated 21.05.2026 that the petitioner has not taken steps for impleadment of the legal representatives of respondent nos. 2 and 4. 3. Be that as it may, the learned counsel for the petitioner, upon instruction, has submitted that in the meantime, the appeal has been filed against the judgment and decree dated 24.08.2023, passed in T.S. No. 72/2006. 4. The learned counsel for the appearing respondents has submitted that the same is correct and the appeal is registered and numbered as T.A. No. Page No.# 4/4 22/2025, which is pending before the Court of learned Civil Judge (Senior Division), Nagaon. He has also produced a certified copy of the order dated 20.08.2025, passed in T.A. No. 22/2025 by the learned Civil Judge (Senior Division), Nagaon, by which the said learned Court had stayed the operation of the judgment and decree dated 24.08.2023 in exercise of powers under Order XLI Rule 5 CPC. 5. By filing this application under Article 227 of the Constitution of India, the petitioner has assailed the order dated 30.05.2024, passed by the learned Munsiff No. 2, Nagaon in Title Execution Case No. 18/2023, by which the prayer for stay of execution was rejected. 6. In view of the subsequent development vide order dated 20.08.2025, by which the operation of the decree was stayed, the present application has become infructuous. 7. The order dated 20.08.2025 passed by the learned Civil Judge (Senior Division), Nagaon, in T.A. No. 22/2025 shall hold the field. Accordingly, as this matter has become infructuous, this application stands disposed. 8. There shall be no order as to costs. 9. The learned counsel for the petitioner shall provide a photocopy of the order dated 20.08.2025 to be retained on record. JUDGE Comparing Assistant