Mayuree Sarma @ Mayuri Sarmah vs Lakhyajyoti Sarmah
2022 Latest Caselaw 2048 Gua

                                                             Page No.# 1/3

GAHC010096722022




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

           Case : I.A.(Civil)/1600/2022

           MAYUREE SARMA @ MAYURI SARMAH
           W/O SRI LAKHYAJYOTI SARMAH
           D/O LALIT SARMAH
           RESIDING AT BALIPARA
           INFRONT OF BALIPARA P.H.C
           PO BALIPARA
           PS CHARDUAR
           DIST SONITPUR
           ASSAM


           VERSUS

           LAKHYAJYOTI SARMAH
           S/O JOGENDRA NATH SARMAH
           RESIDING AT POLOFIELD
           BAMUNGAON
           PS TEZPUR
           DIST SONITPUR
           ASSAM 784176


           ------------
           Advocate for : MR. D CHOUDHURY
           Advocate for : appearing for LAKHYAJYOTI SARMAH



                                  BEFORE
                     HONOURABLE MR. JUSTICE SUMAN SHYAM
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 08-06-2022 Page No.# 2/3

Suman Shyam, J

Heard Mr. D. Choudhury, learned counsel for the applicant.

This I.A. has been filed with a prayer to stay the operation of the impugned

judgment and decree dated 23-12-2021 passed by the learned Addl. District Judge, FTC,

Sonitpur at Tezpur in T.S.(M) No. 101/2018.

Mr. Choudhury submits that if the operation of the impugned decree is not stayed

then the connected appeal itself would become infructuous. It is also the submission of

the applicant's counsel that the opposite party has not yet remarried. The relevant

averments have been made in paragraph 7 of the I.A., which we have perused.

Taking note of the facts and circumstances of the case, we are of the view that a

prima facie case has been made out by the applicant for issuing interim relief.

Issue notice returnable in 06 weeks.

Appellant to take steps for service of notice upon the opposite party by registered

post with A/D as well as by usual process.

Steps within 03 days from today.

As an ad-interim measure, it is provided that the operation of the judgment and

decree dated 23-12-2021 shall remain suspended until further order(s).

                          JUDGE                       JUDGE
GS
                       Page No.# 3/3


Comparing Assistant