Sri Pawan Rathi vs Sri Ananta Bora And 2 Ors
2022 Latest Caselaw 1931 Gua

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GAHC010073712020




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

                        Case No. : I.A.(Civil)/1534/2020


         SRI PAWAN RATHI
         S/O- SRI HANUMANMAL RATHI
         R/O- WARD NO. 9
         NORTH LAKHIMPUR TOWN
         P.S. NORTH LAKHIMPUR
         PIN- 787001
         DIST.- LAKHIMPUR
         ASSAM


          VERSUS

         SRI ANANTA BORA AND 2 ORS.
         S/O- LATE KHARGESHWAR BORA
         R/O- WARD NO. 9
         NORTH LAKHIMPUR TOWN
         P.S. NORTH LAKHIMPUR
         PIN- 787001
         DIST.- LAKHIMPUR
         ASSAM.

         2:PRABHAT BORA
         S/O- LATE KHARGESHWAR BORA
          R/O- WARD NO. 9
          NORTH LAKHIMPUR TOWN
          P.S. NORTH LAKHIMPUR
          PIN- 787001
          DIST.- LAKHIMPUR
         ASSAM.
          3:THE INDUSTRIAL COOPERATIVE BANK
         A BANKING INSTITUTION AND AN REGISTERED SOCIETY
          UNDER THE PROVISIONS OF THE ASSAM CO-OPERATIVE SOCIETIES ACT
          1949 HAVING ITS HEAD OFFICE AND PRINCIPAL PLACE OF BUSINESS AT
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           S.S. ROAD
           LAKHTOKIA
           GUWAHATI- 781001 AND REP. BY ITS MANAGING DIRECTOR.
           ------------
           Advocate for : MR. A SATTAR
           Advocate for : MR. N ALAM appearing for SRI ANANTA BORA AND 2 ORS.


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                      ORDER

Date : 01.06.2022

Heard Mr. A. Sattar, the learned counsel appearing on behalf of the Applicant and Mr. J. Hussain, the learned counsel appearing on behalf of the Opposite Party No.1.

Issue notice upon Proforma Respondent Nos.2 and 3 returnable by 18.07.2022.

I have heard Mr. A. Sattar, the learned counsel appearing on behalf of the Applicant and Mr. J. Hussain, the learned counsel appearing on behalf of the Opposite Party No.1.

Upon perusal of the materials on record and hearing the learned counsel for the parties, this Court is of the opinion that it would be in the interest of justice that the impugned judgment and decree dated 20.02.2020 passed by the Court of the Civil Judge at North Lakhimpur in Title Suit No.01/2015 be stayed till the returnable date 18.07.2022. The stay of the said impugned judgment and decree dated 20.02.2022 passed in Title Suit No.01/2015 is subject to the parties maintaining status quo as regards the suit property.

JUDGE

Comparing Assistant