Page No.# 1/3 vs Sri Shyamanta Talukdar And Anr
2021 Latest Caselaw 355 Gua

                                                           Page No.# 1/3

GAHC010298482019




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

                         Case No. : I.A.(Civil)/167/2020


         SRI DINANATH TALUKDAR AND 4 ORS
         SON OF LATE GANESH TALUKDAR
         RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
         MOUZA KHETRI DHARAMPUR
         POST OFFICE BELSOR-781304
         DISTRICT NALBARI
         ASSAM

         2: SRI GHANASHYAM BAISHYA
         SON OF LATE SURYA BAISHYA
          RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
          MOUZA KHETRI DHARAMPUR
          POST OFFICE BELSOR-781304
          DISTRICT NALBARI
         ASSAM

         3: SRI TARINI BAISHYA @ TARINI CHARAN BAISHYA
         SON OF LATE SURYA BAISHYA
         RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
         MOUZA KHETRI DHARAMPUR
         POST OFFICE BELSOR-781304
         DISTRICT NALBARI
         ASSAM

         4: SRI ASHOK TALUKDAR @ ASHOK KUMAR TALUKDAR
         SON OF SRI KAMINI TALUKDAR
         RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
         MOUZA KHETRI DHARAMPUR
         POST OFFICE BELSOR-781304
         DISTRICT NALBARI
         ASSAM

          5: SRI KHANINDRA TALUKDAR
                                                                                   Page No.# 2/3

            SON OF LATE BHARAT TALUKDAR
            RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
            MOUZA KHETRI DHARAMPUR
            POST OFFICE BELSOR-781304
            DISTRICT NALBARI
            ASSAM
            VERSUS

            SRI SHYAMANTA TALUKDAR AND ANR
            SON OF LATE GANESH TALUKDAR
            RESIDENT OF VILLAGE PIPLIBARI (MAJARSUPA)
            MOUZA KHETRI DHARAMPUR
            POST OFFICE BELSOR-781304
            DISTRICT NALBARI
            ASSAM

            2:MD. MAJABAR RAHMAN
            PETITION WRITER
             POST OFFICE NALBARI-781335
             DISTRICT NALBARI
            ASSAM
             ------------
            Advocate for : MR. N DHAR
            Advocate for : appearing for SRI SHYAMANTA TALUKDAR AND ANR



                                  BEFORE
                  HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 03.02.2021

Heard Mr. N. Dhar, learned counsel for the applicant. This is an application for stay of the first appellate judgment and decree dated 04.09.2019 passed by the leaned District Judge, Nalbari in TA 2/2017.

The first appellate Court in the decree impugned herein has mentioned as below:

"It is ordered that the appeal is allowed partly. No cost. The sale deed vide no. 1492/2015 executed by defendant no.1 in favour of defendant no. 2 - 5 will take into force and will be affective as per the decision that would be delivered by Ld. Trial Court."

It appears from the submissions made by the learned counsel for the applicant, the Page No.# 3/3

applicant has already transferred the suit land involved in TS No. 24/2015 vide sale deed no. 1492/2015 and it is further submitted that the vendee and/ or the purchaser of the suit land was not made a party in TS No. 24/2015.

The Court finds prima-facie force in the submission made by learned counsel for the applicant that the suit land involved in TS 24/2015 was not the property described in schedule to the previously instituted partition suit, registered as TS No. 5/2014.

Issue notice returnable in 6(six) weeks.

The applicant shall take steps for service of notice on opposite party by usual process as well as by registered post within 2 days from today.

Till further orders, the decree passed in TA 2/2017 by the learned District Judge, Nalbari shall remain stayed.

List after 6(six) weeks.

JUDGE

Comparing Assistant