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KALYAN RAI SURANA
Abdur Rahim (Md. ) – Appellant
Versus
Abdul Odud (Md. ) – Respondent
No, the judgment in Abdur Rahim (Md.) and Ors. v. Abdul Odud (Md.) and Ors. (CRP (I/O) No. 177 of 2018, decided on 17-09-2018 by the Gauhati High Court) has not been overruled. [14000270370013][14000270370009][14000270370012]
The provided legal document is the full text of this judgment itself, which partly allows the petition by setting aside only the stay order under Section 10 CPC on the civil suit (Title Suit No. 93/2017), while upholding cognizance of the Special (L.G.) Case No. 29/2017 and refusing to quash the land grabbing proceedings. No portion indicates that this decision has been overruled, reversed, or set aside by any higher court or subsequent authority. The operative order directs proceedings to continue in both the Special Tribunal and civil court, confirming its binding effect as issued.
KALYAN RAI SURANA, J.
1. Heard Mr. R. Chakravorty, the learned counsel appearing for the petitioners as well as Mr. J.I. Borbhuiya, the learned counsel appearing for the respondents.
2. By this application under Article 227 of the Constitution of India, the petitioners have challenged the order dated 27.10.2017, passed by the learned Additional District & Sessions Judge No. 1, cum Special Tribunal (Land Grabbing), Nagaon, thereby taking cognizance of Special (L.G.) Case No. 29/2017 as well as order dated 12.02.2018, passed by the said learned Court, thereby staying the further proceedings in Title Suit No. 93/2017 pending before the Court of learned Munsiff, Hojai, Sankardev Nagar under Section 10 CPC. The proceedings of the said Special (L.G.) Case No. 29/17 was also challenged on the ground that it is ultra vires the provisions of Section 2(d) and 2(e) of the Assam Land Grabbing (Prohibition) Act, 2010 and Rules framed there under.
3. The petitioners herein are the respondents in Special (L.G) Case No. 29/2017, which was instituted by the respondents herein. In the said case, it was projected that the respondents herein had interest over the land measuring 41B-2K-11L in re
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