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MD Mahrum Ali Vs MD Rupchand Ali — Property and Title | Gauhati HC (2024)

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Gauhati HC
2024
MD Mahrum Ali Vs MD Rupchand AliMD Mahrum Ali v. MD Rupchand Ali

Disposed

MD Mahrum Ali v. MD Rupchand Ali

Gauhati HC2 Apr 2024I.A.(Civil)/531/2023

Case brief

AI extract

What is this about?

Interim application under Section 151 CPC seeking continuation of status quo over suit land in an accompanying second appeal. Noting the appeal had been admitted with substantial questions of law, the High Court made absolute its earlier status quo order till appeal disposal.

What did the court decide?

Order dated 01.03.2023 maintaining status quo on Schedule-B land made absolute till disposal of the accompanying second appeal; I.A. disposed of.

What the court decided

AI extract

Outcome

Order dated 01.03.2023 maintaining status quo on Schedule-B land made absolute till disposal of the accompanying second appeal; I.A. disposed of.

Issue for consideration

Whether status quo regarding the suit land should continue pending disposal of the admitted second appeal.

Detailed headnote1 paragraphs

Interim application in a second appeal arising from Title Appeal No.15/2016 judgment dated 26.03.2018. As the second appeal was already admitted after formulating a substantial question of law, the Court held the property required preservation and made absolute the earlier order (dated 01.03.2023) directing parties to maintain status quo on Schedule-B land, prohibiting transfer or alienation until disposal of the accompanying appeal. Decides nothing beyond interim protection; no general proposition.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

Page No.# 1/2

GAHC010041142023

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/531/2023

MD MAHRUM ALI S/O LATE ASMAN ALI RESIDENT OF VILLAGE AND PO SANIADI PS HAJO DIST KAMRUP R ASSAM

VERSUS

MD RUPCHAND ALI S/O LATE NAZIR ALI, R/O VILL AND P.O.-SANIADI, P.S.-HAJO, DISTKAMRUP (R), ASSAM

For the Petitioner(s) : Mr. T. Chetri, Advocate

For the Respondent(s) : Mr. G. Imtiaz, Advocate

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

Date : 03.04.2024

The instant application has been filed under Section 151 of the Code of Civil Procedure, 1908 for maintaining the status quo with regard to the suit land/property in the accompanying second appeal arising out of judgment and decree dated 26.03.2018 passed by the learned Civil Judge, Kamrup (R), Amingaon in Title Appeal No.15/2016.

Page No.# 2/2

This Court vide a detailed order dated 01.03.2023 had passed an order that the parties should maintain status quo in respect to the Schedule-B land and the land should not be transferred or alienated till the disposal of the application.

Taking into account that the Second Appeal has already been admitted by formulating substantial question of law, it is the opinion of this Court that the said property is required to be preserved.

Accordingly, the order dated 01.03.2023 so passed in the instant application is made absolute till the disposal of the accompanying appeal.

I.A. stands disposed of.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether status quo regarding the suit land should continue pending disposal of the admitted second appeal.

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure, 1908151

Parties & counsel

AI extract

petitioner
MD MAHRUM ALI
respondent
MD RUPCHAND ALI

Coram

AI extract

Devashis Baruah

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 2 Apr 2024 · April
Registered: 27 Feb 2023
Case no.: I.A.(Civil)/531/2023
CNR: GAHC010041142023
Topic: Property and Title
Bench: Devashis Baruah
Disposal: Disposed Of

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Cite this judgement

MD Mahrum Ali v. MD Rupchand Ali, I.A.(Civil)/531/2023 (GAU), decided on 2 April 2024.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure, 1908151

View all statutes

Bench / Coram

Devashis Baruah

Parties & counsel