Shreyans Sethia @ Mithu Sethia vs Md. Abdur Rezzaque And 6 Ors
2022 Latest Caselaw 659 Gua

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GAHC010056902021




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

                                 Case No. : CRP(IO)/31/2021

             SHREYANS SETHIA @ MITHU SETHIA
             S/O- LT. KANTI SETHIA, R/O- WARD NO. 5, MOUZA- GOBARDHANA, DIST.-
             BARPETA, ASSAM



             VERSUS

             MD. ABDUR REZZAQUE AND 6 ORS
             S/O- LT. CHAN MIA, R/O- BARPETA ROAD TOWWN, WARD NO. 9, MOUZA-
             GOBARDHANA, P.S. BARPETA ROAD, DIST.- BARPETA, ASSAM



Advocate for the Petitioner   : MR. B D DEKA

Advocate for the Respondent : MS J HAZARIKA




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                           ORDER

23.02.2022

Heard Mr. B.D. Deka, learned counsel representing the petitioner as well as Mr. K. U. Ahmed, learned counsel appearing for the respondents.

This is an application under Article 227 of the Constitution of India challenging the order dated 15.03.2021 passed by the Civil Judge, Barpeta in Misc. (J) Case No. 17/2021 arising Page No.# 2/2

out of Title Appeal No. 06/2021.

The petitioner was one of the defendants in Title Suit No. 87/2014. The suit was decreed against the petitioner. Thereafter, the petitioner preferred an appeal being Title Appeal No. 06/2021 against the judgment and decree dated 04.03.2020. In the court below, the petitioner also filed an application for stay of the execution of the decree. The court below did not straightway stay the execution of the decree but directed to issue notice.

I have given my anxious consideration to the submissions made by the learned counsels for both the sides.

It is a matter of judicial decorum that when a decree is challenged in an appellate court, during pendency of the said appeal the decree should be kept stayed. Therefore, the impugned order dated 15.03.2021 is bad in law.

This court hereby directs that execution of the decree passed in T.S. No. 87/2014 passed by the Munsiff No. 1, Barpeta shall remain stayed till disposal of the Title Appeal No. 06/2021 pending in the Court of Civil Judge, Barpeta.

With the above direction, the present civil revision petition is disposed of.

JUDGE

Comparing Assistant