THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. FARAS UDDIN AND 10 ORS

Advocate for the Petitioner : MS.SHOMA DASGUPTA, MR. N DHAR,MS SUPRIYA DASGUPTA Advocate for the Respondent : DY.S.G.I., MR. C K S BARUAH (UNION OF INDIA),GA, ASSAM,SC, REVENUE Linked Case : I.A.(Civil)/3192/2024 FARAS UDDIN AND ORS S/O LATE MATOSIN ALI RESIDENT OF RANGPUR PART III PO SHAHABAD PS KATLICHERRA DIST HAILAKANDI ASSAM 788163 2: MD. RAFIQUE UDDIN S/O LATE MATOSIN ALI RESIDENT OF RANGPUR PART III PO SHAHABAD PS KATLICHERRA DIST HAILAKANDI ASSAM 788163 3: MUSST. TAYARUN NESSA D/O LATE MATOSIN ALI RESIDENT OF RANGPUR PART III PO SHAHABAD PS KATLICHERRA DIST HAILAKANDI ASSAM 788163 4: MUSST. FOIZUN NESSA D/O LATE MATOSIN ALI Page No.# 4/6 RESIDENT OF RANGPUR PART III PO SHAHABAD PS KATLICHERRA DIST HAILAKANDI ASSAM 788163 VERSUS SAFIQUR RAHMAN MAZARBHUIYA AND ANR E S/O LATE MANIR ALI MAZARBHUIYA RESIDENT OF VILLAGE RANGPUR PART II PO SHAHABAD 788163 PS KATLICHERRA DIST HAILAKANDI ASSAM 2:MD. AZIM UDDIN S/O LATE MUDARIS ALI RESIDENT OF RANGPUR PART III PO SHAHABAD PS KATLICHERRA DIST HAILAKANDI ASSAM 788163 ------------ Advocate for : MR. A H ALAMGIR Advocate for : MR S DASGUPTA appearing for SAFIQUR RAHMAN MAZARBHUIYA AND ANR E BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 11.09.2025 Heard learned Counsel Ms. S. Dasgupta for the applicant in connection with I. A. (Civil)/1610/2024 and respondent in connection with I.A. (Civil) No. 3192/2024 and learned counsel Mr. A. H. Alamgeer for the opposite party/respondent No.1 to 4 in connection with I.A. (Civil)/1610/2024 and applicant in connection with I.A. (Civil) No. 3192/2024. Page No.# 5/6

Both the I.A. (Civil)/1610/2024 and I.A. (Civil) No. 3192/2024 have been filed under Order 41, Rule 5 read with Section 151 of the Code of Civil procedure for stay of the impugned Judgment and Decree dated 07.05.2024 passed by the learned Additional District Judge, Hailakandi in Title Appeal No. 3/2016 dismissing the appeal and affirming the impugned Judgment and Decree dated 02.02.2016 passed by the learned Civil Judge, Hailakandi in Title Suit No. 14/2012.

The applicant Safiqur Rahaman Mazarbhuiya and the opposite party /respondent No. 6 Md. Azim Uddin were directed to return back Rs. 91,000/- within a period of two months from the date of the decree.

Learned counsel, Mr. A.H. Alamgeer, has raised serious objection stating that the applicant has no stake over the land as the land was a ceiling surplus land. Learned counsel has also serious objection against the prayer for stay of the impugned Judgment and Decree dated 02.02.2026 passed in Title Suit No. 14/2012.

4. It is submitted on behalf of the applicant that at this stage, the substantial question of laws are to be taken up for consideration and not facts of the case. The union of India has not been made a party and this suit suffers for non- joinder of necessary parties. The learned counsel for the applicant has quoted Order 41 Rule 5 (3) (c) of the CPC which reads as follows: “(3) No order for stay of execution shall be made under subre (3) OF sub-rule (2) unless the Court making it is satisfied (a) that substantial loss may result to the party applying for stay of execution unless the order is made; (b) that the application has been made without unreasonable delay, Page No.# 6/6 (c) that security has been given by the applicant for the performance of such decree or order as may ultimately be binding upon him.”

The learned counsel for the Opposite Party has strongly resisted the prayer.

I have considered the fact that the RSA /66/ 2004 has already been admitted on substantial questions of law.

I have also considered the petition no. 3192/ 2024 filed by the respondent.

Considering all the aspects, this Court deems it appropriate to stay the proceedings at least till the next date of listing. Thereby the operation of the impugned Judgment and Decree dated 07.05.2024 passed in Title Appeal No.3/2016 is stayed till the next date of listing subject to the condition that the applicant Md. Sofiqur Rohman Mazarbhuiya and Md. Azim Uddin, respondent no.6 deposits 50% of the decretal amount before the executing court and thereafter the respondents, namely, Md. Faras Uddin, Md. Rafique Uddin, Musstt. Tayarun Nessa, Mustt. Foizun Nessa may receive the amount.