Page No.# 1/5 GAHC010276152025 2026:GAU-AS:8410 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/4145/2025 SMT. NIBHA TALUKDAR AND 3 ORS. RESIDENT OF SOUTH SARANIA 1ST BYELANE (RIGHT) OPP. KASTURBA ASRAM, ULUBARI, GUWAHATI-781007, DISTRICT- KAMRUP METRO, P.O.- ULUBARI, ASSAM 2: SMT. ARATI TALUKDAR RESIDENT OF SOUTH SARANIA 1ST BYELANE (RIGHT) OPP. KASTURBA ASRAM ULUBARI GUWAHATI-781007 DISTRICT- KAMRUP METRO P.O.- ULUBARI ASSAM 3: SMT. HIRA MONI TALUKDAR RESIDENT OF SOUTH SARANIA 1ST BYELANE (RIGHT) OPP. KASTURBA ASRAM ULUBARI GUWAHATI-781007 DISTRICT- KAMRUP METRO P.O.- ULUBARI ASSAM 4: KASYAP MEDHI C/O- LATE BASANTA KUMAR TALUKDAR RESIDENT OF SOUTH SARANIA 1ST BYELANE (RIGHT) OPP. KASTURBA ASRAM ULUBARI GUWAHATI-781007 DISTRICT- KAMRUP METRO P.O.- ULUBARI ASSA VERSUS Page No.# 2/5 BIJOY TALUKDAR C/O- KALPANA BHARALI AND SIMANTA, RESIDENT OF WEST BORAGAON, NEAR MONI KANCHAN BIBAH BHAWAN, GAKHIR CHOWK, SANTINGAR PATH, GOHAI GAON FIELD, SUB-POST- DEBKATA NAGAR, PIN- 781011, P.S.- GORCHUK, DISTRICT- KAMRUP METRO, ASSAM Advocate for the Petitioner : MRS. HIRAMONI TALUKDAR ROYCHOUDHURY, Advocate for the Respondent : , Linked Case : CRP(IO)/526/2025 SMT. NIBHA TALUKDAR AND 3 ORS. RESIDENT OF SOUTH SARANIA 1ST BYELANE (RIGHT) OPP. KASTURBA ASRAM ULUBARI GUWAHATI-781007 DISTRICT- KAMRUP METRO P.O.- ULUBARI ASSAM 2: SMT. ARATI TALUKDAR RESIDENT OF SOUTH SARANIA 1ST BYELANE (RIGHT) OPP. KASTURBA ASRAM ULUBARI GUWAHATI-781007 DISTRICT- KAMRUP METRO P.O.- ULUBARI ASSAM 3: SMT. HIRA MONI TALUKDAR RESIDENT OF SOUTH SARANIA 1ST BYELANE (RIGHT) OPP. KASTURBA ASRAM ULUBARI GUWAHATI-781007 DISTRICT- KAMRUP METRO P.O.- ULUBARI ASSAM 4: KASYAP MEDHI Page No.# 3/5 C/O- LATE BASANTA KUMAR TALUKDAR RESIDENT OF SOUTH SARANIA 1ST BYELANE (RIGHT) OPP. KASTURBA ASRAM ULUBARI GUWAHATI-781007 DISTRICT- KAMRUP METRO P.O.- ULUBARI ASSAM VERSUS BIJOY TALUKDAR C/O- KALPANA BHARALI AND SIMANTA RESIDENT OF WEST BORAGAON NEAR MONI KANCHAN BIBAH BHAWAN GAKHIR CHOWK SANTINGAR PATH GOHAI GAON FIELD SUB-POST- DEBKATA NAGAR PIN- 781011 P.S.- GORCHUK DISTRICT- KAMRUP METRO ASSAM ------------ Advocate for : MRS. HIRAMONI TALUKDAR ROYCHOUDHURY Advocate for : appearing for BIJOY TALUKDAR BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 12.06.2026 Heard Ms. H. Talukdar Roychoudhury, learned counsel for the applicants. 2. The instant application has been filed by the applicants in CRP(IO)/526/2025 praying for stay of the proceedings of Title Suit No. 97/2025 on the ground that it has been wrongly entertained by the Civil Judge (Junior Division) Court No.2, Kamrup, (M), Guwahati. Page No.# 4/5 3. The petitioner herein has stated that the CRP(IO)/526/2025 the CRP(IO)/526/2025 is pending disposal before this Court and the Trial Court Records have been called for on 09.01.2026. It is prayed that during the pendency of the said CRP, the proceedings of the impugned Title Suit No. 97/2025 pending before the Civil Judge (Junior Division) Court No.2, Kamrup, (M), Guwahati may be suspended inasmuch as the said Title Suit has been filed under wrong provision of law. She has submitted that the respondent has prayed for right, title and interest in the said Title Suit No. 97/2025. However, the same has been filed under wrong provisions of law and the same has been assailed in the CRP(IO)/526/2025 . She, therefore, prays that unless the proceeding of Title Suit No. 97/2025 is suspended during the pendency of the CRP, irreparable loss will be caused to the appellant herein. 4. The learned counsel for the respondent on the other hand submits that the CRP(IO)/526/2025 should be heard finally on merits and therefore this instant application may be dismissed. 5. This Court considered the submission of the learned counsel for the parties and also perused the pleadings in the instant application as well as the CRP(IO)/526/2025. 6. This Court has observed that in the CRP(IO)/526/2025 the petitioners have challenged the entire Title Suit No. 97/2025 on the ground that it has been filed under wrong provision of law and therefore if the said CRP is allowed, the petitioners/applicants shall be given the entire relief. 7. This Court is therefore not inclined to allow this application and the same is dismissed. However, the CRP(IO)/526/2025 shall be heard on merits. Page No.# 5/5 8. Accordingly, this Interlocutory Application stands dismissed. JUDGE Comparing Assistant