Page No.# 1/2 vs 5.Kamal Chandra Hazarika
2022 Latest Caselaw 2220 Gua

                                                               Page No.# 1/2

GAHC010048892022




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

                        Case No. : I.A.(Civil)/1483/2022


         ATUL DAS AND 3 ORS.
         S/O LATE GOPAL DAS RESIDENT OF VILLAGE MORI-ERAGAON
         MOUZA
         PO
         PS AND DIST MORIGAON ASSAM 782105

         2: SMTI ANJALI DAS
         W/O SRI ATUL DAS
          RESIDENT OF VILLAGE MORI-ERAGAON
          MOUZA
          PO
          PS AND DIST MORIGAON ASSAM 782105

         3: SRI JAYANTA DAS
         S/O SRI ATUL DAS
         RESIDENT OF VILLAGE MORI-ERAGAON
         MOUZA
         PO
         PS AND DIST MORIGAON ASSAM 782105

         4: SMTI GITAMONI DAS
         D/O SRI ATUL DAS
         RESIDENT OF VILLAGE MORI-ERAGAON
         MOUZA
         PO
         PS AND DIST MORIGAON ASSAM 782105
         VERSUS

         5.KAMAL CHANDRA HAZARIKA
         S/O LATE KESHARAM HAZARIKA RESIDENT OF PHULBARI
         WARD NO. 4
          MORIGAON TOWN
          PO
          PS AND DIST MORIGAON
         ASSAM. 782105
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            ------------
            Advocate for : MR. D C C PHUKAN
            Advocate for : appearing for KAMAL CHANDRA HAZARIKA


                                     BEFORE
                      HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 27.06.2022

Heard Mr. D.C.C. Phukan, learned counsel for the appellant and Mr. P Bordoloi, learned counsel for the respondent.

This is an application under Order XLI Rule 5 CPC for stay of the judgment and decree dated 23.12.2021 passed in Title Appeal No.10/2019 by the Court of the learned Civil Judge, Morigaon.

It appears on record that the said decree so passed is a decree for recovery of possession of Schedule A land described in the plaint by evicting the appellant herein and demolishing any structure raised by the appellant over the Schedule B land.

Considering the above and taking further into consideration that on 25.05.2021 the instant appeal has been admitted on substantial question of law, this Court stays the judgment and decree dated 23.12.2021 passed in Title Appeal No.10/2019 till disposal of the instant appeal.

The I.A stands disposed of.

JUDGE

Comparing Assistant