Gauhati High Court
Smti. Lavita Das vs Smti. Tanya Seth on 5 January, 2026
Page No.# 1/2
GAHC010050042025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Civil)/4188/2025
SMTI. LAVITA DAS
W/O LT. KAUSHIK DAS
R/O NATUNPARA
WARD NO 5
MANGALDOI
P.O AND P.S- MANGALDOI
DIST- DARRANG
ASSAM
PIN- 784125
VERSUS
SMTI. TANYA SETH
W/O SAMAR BIKRAM SETH
R/O QTR. NO AM72
RLY
WEST COLONY
P.O AND P.S- NEW BONGAIGON
DIST- BONGAIGAON
ASSAM
PIN- 783385
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Advocate for : MR. T R SARMA
Advocate for : appearing for SMTI. TANYA SETH
Page No.# 2/2
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --05.01.2026 Heard Mr. T.R. Sarma, the learned counsel for the appellant/applicant.
This is an application under Order XLI Rule 5 CPC for stay of the judgment & decree dated 21.01.2025 passed by the learned Civil Judge (Sr. Division) No. 3, Kamrup (M) in Title Suit No. 19/2023.
It is submitted by Mr. Sarma that the decree was passed on the basis of the document which cannot be considered as a Sale Deed and it was merely a Sale Agreement. However, as the case proceeded ex-parte the present applicant/appellant could not take stand in this case. It is further submitted that if the execution is proceeded, prejudice may be caused to the present appellant/applicant and prayed that execution of judgment & decree dated 21.01.2025 be stayed till disposal of the connected RFA 80/2025.
Considering the submission made by the learned counsel for the appellant, the execution of judgment & decree dated 21.01.2025 is stayed till disposal of the connected RFA 80/2025.
With the above observations, the present IA stands disposed of.
JUDGE Comparing Assistant