GAUHATI HIGH COURT ISSUES ORDER ON ASHRAFUL ISLAM ALIAS ASHRAFUL MIAH V/S JAHIRAN BEWA AND 19 ORS.

GUWAHATI, India, Nov. 2 -- Gauhati High Court issued the following order on Oct. 8:

1. Heard Mr. P.P Das, learned counsel for the appellant.

2. The connected regular second appeal under Section 100 of the Civil Procedure Code, 1908 (C.P.C) is preferred by the appellant herein, aggrieved by the order dated 25.06.2025 passed by the Ld. District Judge, South Salmara, Mancachar, in Title Appeal No. 01/2024 - whereby the judgment and order dated 29.07.2024 passed by the Ld. Civil Judge (Sr. Division), South Salmara, Mancachar in Title Execution No. 1 of 2021 was dismissed.

3. It is submitted that the plaintiffs had preferred Title Suit No. 09 of 2012 which was decreed on 14.12.2017 and that the same attained finality. With regard to the same, Title Execution No. 06 of 2018 was initiated before the Ld. Court at Dhubri and subsequently due to administrative division, the case was transferred to South Salmara wherein it was re-registered as T.S Execution 01 of 2021 - where the aforesaid impugned orders came to be passed.

4. It is submitted and contended that the present appellant Ashraful Islam @ Ashraful Miah is the son of Abdul Malek and claiming to be in occupation of 19 lechas of land out of the suit land which was the subject of the decree and therefore, as a interested third party, he invoked the jurisdiction of the executing Court under Order 21 Rule 97/101 of the Civil Procedure Code, 1908 (C.P.C). It is contended that the said petition was however dismissed by the Ld. Courts below vide the impugned orders and by holding that one Malek Sheikh who was impleaded as plaintiff No. 9 in the suit is that father of the present appellant and therefore, the present appellant does not have sufficient merits to invoke the jurisdiction under Order 21 Rule 97/101 as a third party seeking adjudication of his own independent rights. It is contended that the said Malek Sheikh/plaintiff No. 9 is not the father of the present appellant Ashraful Islam @ Ashraful Miah.

5. In this Interlocutory Application, the appellant Ashraful Islam @ Ashraful Miah is seeking a stay of further proceedings of Title Execution Case No. 1 of 2021 - which was filed by the Decree Holder seeking execution of the judgment and original decree dated 14.12.2017 passed by the Court of the Ld. Civil Judge (Sr. Division) in T.S No. 9 of 2012. The aforesaid Title Execution 1 of 2021 is pending before the Court of Ld. Civil Judge, (Sr. Division), South Salmara, Mancachar.

6. The connected regular second appeal has been admitted today on three specific substantial questions of law and one generic question. In the given facts and circumstances, the further proceedings in Title Execution No. 1 of 2021 pending before the Court of Ld. Civil Judge (Sr. Division), South Salmara, Mancachar in T.S No. 9 of 2012 shall remain stayed till the next date of listing.

7. The appellant shall take steps of notice upon the respondents.

8. Needless to say that, the respondents upon their appearance shall be at liberty to seek vacation or modification of the order of stay passed today.

9. List the matter on 17.11.2025 along with RSA/168/2025.

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