DR MAZAHARUL SULTAN v. THE STATE OF ASSAM AND ANR
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE ROBIN PHUKAN
Judgment date:
Case summary
Gauhati High Court judgment dated 2026-04-28. DR MAZAHARUL SULTAN v. THE STATE OF ASSAM AND ANR. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010080462026 2026:GAU-AS:5882 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I. A. (Civil)/1311/2026 DR MAZAHARUL SULTAN S/O. LT. RUSTOM ALI, R/O. VILL. - GOTLONG, MOUZA- BHAIRABPAD, P/S. TERZPUR, DIST. SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE DEPUTY COMMISSIONER, SONITPUR, TEZPUR, MOUZA- BHAIRABPAD, P/O. AND P/S. TEZPUR, DIST. SONITPUR, ASSAM, PIN-784001 2:THE CIRCLE OFFICER TEZPUR REVENUE CIRCLE MOUZA- MAHABHAIRAB P/O. AND P/S. TEZPUR DIST. SONITPUR ASSAM PIN-78400 Advocate for the Petitioner : MS. P SAHARIA, MR. P MAHANTA,C SARMA Advocate for the Respondent : GA, ASSAM, Linked Case : RSA/37/2026 DR MAZAHARUL SULTAN S/O. LT. RUSTOM ALI R/O. VILL. - GOTLONG MOUZA- BHAIRABPAD Page No. # 2/3 P/S. TERZPUR DIST. SONITPUR ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE DEPUTY COMMISSIONER SONITPUR TEZPUR MOUZA- BHAIRABPAD P/O. AND P/S. TEZPUR DIST.
SONITPUR ASSAM PIN-784001 2:THE CIRCLE OFFICER TEZPUR REVENUE CIRCLE MOUZA- MAHABHAIRAB P/O. AND P/S. TEZPUR DIST. SONITPUR ASSAM PIN-784001 ------------ Advocate for : MS. P SAHARIA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29. 04. 2026 Heard Mr. P. Mahanta, learned counsel for the applicant and Mr. K. K. Bhattacharyya, learned Government Advocate, Assam, for all the opposite parties. 2. This interlocutory application, under Section 10, read with Order XLII, Rule 2 of the CPC, is preferred by the applicant for temporary suspension of the Order, dated 07. 04. 2026, passed by this Court in RSA No. 37/2026, so as to Page No. # 3/3 enable the petitioner/appellant to prefer one Special Leave Petition (SLP) under Article 136 of the Constitution of India, before the Hon’ble Supreme Court. 3. Mr.
Mahanta, learned counsel for the applicant submits that the applicant herein is contemplating to prefer one SLP before the Hon’ble Supreme Court and as such, the Order, passed by this Court, may be suspended, though, the provision quoted in the present application may not be applicable. 4. However, Mr. Bhattacharyya, learned Government Advocate for all the opposite parties submits that there is no requirement of suspension of the Order, dated 07. 04. 2026, as till expiry of the appellate period, the opposite parties herein will never take any step for execution of the decree. 5. On the assurance given by Mr. Bhattacharyya, learned Government Advocate for all the opposite parties, this interlocutory application stands closed. JUDGE Comparing Assistant
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