Lejija Ghaffar v. Aziza Ghaffar

PageoNo.#o1/3 GAHC010180262023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/262/2023o LEJIJAoGHAFFARo W/OoLATEoSADULLAoGHAFFAR,o R/OoFLAToNO.oK-o3,oJAGABANDHUoAPARTMENT,oG.S.oROAD,o BHANGAGARH,oGUWAHATI-o781005,oDIST.-oKAMRUPo(METROPOLITAN),o ASSAM. VERSUSo AZIZAoGHAFFARo W/OoLATEoMD.oSAQUEI,o R/OoOPPOSITEoBIMALoHONDAoSHOWROOM,oA.T.oROAD,oP.O.-oGAUHATIo UNIVERSITY,oP.S.-oJALUKBARI,oADABARI,oPIN-o781014,oDIST.-oKAMRUPo (METROPOLITAN),oASSAM. AdvocateoforotheoPetitionerooooo:oMSoNoRAHMANo AdvocateoforotheoRespondento:oSoALIoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEkMR.kJUSTICEkDEVASHISkBARUAH ORDERk

11.03.2024 o Page No.# 2/3 This is an application filed under Article 227 of the Constitution challenging the order dated 24.05.2019 passed in Misc.(J) Case No.389/2019 as well as the consequential order dated 11.07.2023 whereby the review sought against the order dated 24.05.2019 was rejected.

¶2This Court upon hearing the learned counsel appearing for the parties, has put a specific query as to whether the said Misc.(J) Case No.389/2019 has been disposed of taking into account that vide the impugned order dated 24.05.2019, it has been mentioned that 29.06.2019 is fixed for written objection. It has been duly submitted by the learned counsels appearing for both the parties that Misc.

(J) Case No.389/2019 is still pending disposal by the learned trial court.

¶3Under such circumstances, it is the opinion of this Court that this Court ought not to decide on the merits of the said application taking into account that the said application is pending before the learned trial court. The learned counsel appearing on behalf of the petitioner expresses urgency in the matter taking into account that the status-quo order which was passed was vacated vide the impugned order.

¶4This Court during the course of the hearing has also taken note of that by the order passed on 19.12.2023 in Title Suit No.13/2019 the learned trial Court had kept the suit proceedings in abeyance until further orders, thereby fixed

18.03.2024 for necessary order(s). Under such circumstances, this Court vacates the interim order passed on 21.08.2023 and directs the learned trial court to proceed with the suit and also decide the Misc.(J) Case No.389/2019.

¶5Taking into account that the matter is fixed on 18.03.2024, the parties shall appear before the learned trial court and the learned trial court taking into account its business shall fix a date for hearing and for disposal of the Misc.(J) Page No.# 3/3 Case No.389/2019 at its earliest convenience.

¶6This Court further observes that the learned trial court while deciding the Misc.(J) Case No.389/2019 shall not be influenced with the observations made in the order dated 24.05.2019.

¶7The revision petition stands disposed of.

JUDGE Comparing Assistant