Page No.# 1/3 vs Gitanjali Sarmah And 2 Ors
2022 Latest Caselaw 3601 Gua

                                                         Page No.# 1/3

GAHC010179662022




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



          I.A.(Civil)/2720/2022

         BINA CHUTIA AND ANR
         W/O LATE INDRESWAR CHUTIA
         VILL.- BARIKACHUBURI BAMUNGAON
         MOUZA- MAHABHAIRAB
         P.O. AND P.S.- TEZPUR
         DIST.- SONITPUR
         ASSAM.

         2: ALBIN CHUTIA
         S/O LATE INDRESWAR CHUTIA
         VILL.- BARIKACHUBURI BAMUNGAON
          MOUZA- MAHABHAIRAB
          P.O. AND P.S.- TEZPUR
          DIST.- SONITPUR
         ASSAM.
         VERSUS

         GITANJALI SARMAH AND 2 ORS
         W/O LATE ANIL SARMAH BARUAH
         R/O HOUSE NO. 3 RODALI PATH
         JANAKPUR CHARIALI
         KAHILIPARA
         GUWAHATI- 781019
         KAMRUP (M)
         ASSAM.

         2:RISHIK SARMAH
         S/O LATE ANIL SARMAH BARUAH
          R/O HOUSE NO. 3 RODALI PATH
          JANAKPUR CHARIALI
          KAHILIPARA
          GUWAHATI- 781019
                                                                         Page No.# 2/3

          KAMRUP (M)
          ASSAM.
          3:RISHITA SARMAH
          D/O LATE ANIL SARMAH BARUAH
          R/O HOUSE NO. 3 RODALI PATH
          JANAKPUR CHARIALI
          KAHILIPARA
          GUWAHATI- 781019
          KAMRUP (M)
          ASSAM.
          ------------
          Advocate for : MR. B K BHAGAWATI
          Advocate for : appearing for GITANJALI SARMAH AND 2 ORS



                                  BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 16/09/2022

Heard Mr. P.S. Deka, learned counsel for the petitioner.

The petition has been preferred under Order 41 Rule 5 of the CPC for stay of operation/execution of the impugned judgment and decree dated 02.07.2022 passed in Title Appeal No.03/2021 by the learned Civil Judge, Sonitpur, Tezpur and the judgment and decree dated 12.03.2021 passed in TS 2015/2012 by the learned Munsiff No.1, Tezpur.

Learned counsel for the petitioner submits that the petitioner is in possession of the suit land and they do not have any other residential houses elsewhere. Though they are not the owner of the land, they possessed the land since long.

Considering the submission made by the learned counsel for the petitioner, both the parties are directed to maintain the status-quo till the returnable date.

Issue notice to the opposite party.

Page No.# 3/3

List this matter after six weeks.

JUDGE

Comparing Assistant