THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. MADHURI GOSWAMI SARMA & Ors.
Case at a glance
Provisions considered
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1939/2025 ALAKA DUTTA W/O MR. BIREN DUTTA, RESIDENT OF SAWKUCHI, HOCKEY STADIUM ROAD, GUWAHATI 40, DIST KAMRUP M ASSAM VERSUS MADHURI GOSWAMI SARMA AND ORS W/O JITU SARMA, RESIDENT OF HOUSE NO. 7, RUPALI PATH, R.G BORUAH ROAD GUWAHATI 24, MOUZA BELTOLA, PS GEETANAGAR, DIST KAMRUP M ASSAM 2:AMAN ULLA S/O ANJUMAN MAJID RESIDENT OF HOUSE NO. 11 MILAN NAGAR PATH BHETAPARA GUWAHATI 28 MOUZA BELTOLA PS HATIGAON DIST KAMRUPM ASSAM 3:JOYNAL ABDIN S/O FARZ ALI RESIDENT OF HOUSE NO. 28 BISHNUJYOTI PATH HATIGAON GUWAHATI 38 MOUZA BELTOLA PS HATIGAON DIST KAMRUPM ASSAM 4:MD. RAHUL ALI S/O MAHAMMAD HUSSAIN ALI RESIDENT OF HOUSE NO. 149 Page No.# 2/3 SIJUBARI MAIN ROAD HATIGAON GUWAHATI 38 MOUZA BELTOLA PS HATIGAON DIST KAMRUPM ASSA Advocate for the Petitioner : MS. D DUTTA, MR. B KONWAR Advocate for the Respondent : MR J U AHMED, MS J YESMIN,MR. J AHMED,MR Z RAHMAN BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER
25.06.2025 Heard Mr. B. Konwar, learned counsel for the applicant and Mr. J. Ahmed, learned counsel for the opposite parties.
This interlocutory application, under Section 151 of the CPC, is preferred by the applicant for staying the order dated 24.02.2025, passed in I.A.(Civil) No. 3742/2024, in connection with RFA No. 71/2024, arising out of Title Execution Case No. 22/2024.
Mr. Konwar, learned counsel for the applicant submits that despite the order of this court, the opposite parties have undertaken some development of work in the suit premises. Referring to Annexure – C (photograph of the suit land), Mr. Konwar submits that they have already stocked some construction materials in the suit premises.
However, Mr. Ahmed, learned counsel for the opposite parties submits that no new construction work is being undertaken by the opposite parties.
4.1. Further, Mr. Ahmed undertakes that till disposal of the RFA, no new development will be initiated in the suit premises by the opposite parties.
In view of the submission of Mr. Ahmed, learned counsel for the opposite parties, this IA stands closed.
Since the RFA No. 71/2024 is ready for hearing and the LCR has also been received, the registry shall list the same for hearing on 24.07.2025. Comparing Assistant Page No.# 3/3 JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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