Page No.# 1/3 GAHC010016602026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/176/2026 AMIR HUSSAIN S/O SULTAN ALI, R/O VILL- MIKIRATI HOW GAON, MOUZA- JAMUNAMUKH, P.O. AND P.S.- DOBOKA, DIST- HOJAI, ASSAM, PIN-782440 VERSUS KASHEM ALI S/O LATE ABBAS ALI, R/O VILL- MIKIRATI HOW GAON, MOUZA- JAMUNAMUKH, P.O. AND P.S.- DOBOKA, DIST- HOJAI, ASSAM, PIN-782440 2:MUSSTT. JABINA KHATUN W/O KASHEM ALI R/O VILL- MIKIRATI HOW GAON MOUZA- JAMUNAMUKH P.O. AND P.S.- DOBOKA DIST- HOJAI ASSAM PIN-782440 3:IUNIS ALI S/O LATE SULTAN ALI R/O VILL- MIKIRATI HOW GAON MOUZA- JAMUNAMUKH P.O. AND P.S.- DOBOKA DIST- HOJAI ASSAM PIN-78244 Advocate for the Petitioner : MS S S ZIA, MS. R CHOUDHURY,MS. B. HAZARIKA,MD. MEMON AHMED Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 29.01.2026 1. Heard Ms. R. Choudhury, learned counsel for the applicant. 2. This interlocutory application has been filed by the applicant in connection with RSA No. 1/2026 for modification of the order dated 19.01.2026 passed in I.A.(C) No. 58/2026. 3. The learned counsel for the applicant has submitted that in the connected RSA, this Court has formulated substantial question of law and has also admitted the appeal and notice have been issued to the respondent. She further submits that along with the connected regular second appeal, an interlocutory application was filed under Order 41 Rule 5 of the Code of Civil Procedure which was registered as I.A.(C) No. 58/2026. However, since, on the date of issuance of notice, the applicant was unaware about the pendency of any title execution case only, notices were issued to the opposite party. She further submits that the applicants/appellants have received the notice in Title Execution No. 7/2025 from the Executing Court intimating that the impugned judgment and decree has been put to execution and the applicant was directed to remain present at the decretal land on 30.01.2026 i.e., tomorrow. She submits that in view of the aforesaid development, it has become urgent to pass an order of stay of execution in the Title Execution No. 7/2025 till the next returnable date in I.A.(C) No. 58/2026 which is 27th of February, 2026. 4. Considering the submissions as well as materials available on record, the prayer is allowed. Page No.# 3/3 5. The proceeding of Title Execution No. 7/2025 pending before the Court of learned Civil Judge (Junior Division), Hojai is hereby stayed till the next returnable date i.e., 27th of February, 2026. 6. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant