Paresh Ch. Das vs Tarun Das And 6 Ors
2022 Latest Caselaw 3693 Gua

                                                              Page No.# 1/3

cGAHC010170442022




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

                            Case No. : I.A(Civil) 2685/2022


         PARESH CH. DAS
         S/O LATE JIBAN DAS
         R/O NEW GUWAHATI
          RAILWAY COLONY
         P.O.- BAMUNIMAIDAM GUWAHATI- 21
         DIST.- KAMRUP (M)
         ASSAM.


          VERSUS

         TARUN DAS AND 6 ORS
         S/O LATE BAKUL DAS
         R/O RAJGARH
         BY-LANE NO. 5
         P.S.- CHANDMARI
         GUWAHATI-03
         KAMRUP (M)
         ASSAM.

         2:KAMAL KR DAS
         S/O TARUN DAS
          R/O RAJGARH
          BY-LANE NO. 5
          P.S.- CHANDMARI
          GUWAHATI-03
          KAMRUP (M)
         ASSAM.
          3:SAMINDRA DAS
         S/O TARUN DAS

         R/O RAJGARH
         BY-LANE NO. 5
         P.S.- CHANDMARI
                                                    Page No.# 2/3

GUWAHATI-03
KAMRUP (M)
ASSAM.

4:BHAGYA BALA DAS
W/O LATE RADHA KANTA DAS
R/O SALBARI
MASZID PATH
P.S.- NOONMATI-20
GUWAHATI
KAMRUP (M)
ASSAM.

5:GAUTAM DAS
S/O LATE RADHA KANTA DAS
R/O SALBARI
MASZID PATH
P.S.- NOONMATI-20
GUWAHATI
KAMRUP (M)
ASSAM.

6:JUNU DAS
W/O LATE GUNESWAR DAS
D/O LATE BAKUL DAS
R/O HOUSE NO. 25
FATASIL AMBARI
GUWAHATI- 25
DISTRICT KAMRUP (M)
ASSAM.

7:MANJU KUMAR
W/O SRI ARJUN KUMAR
D/O LATE BAKUL DAS
R/O GOTANAGAR
P.S.- JALIKBARI
GUWAHATI
KAMRUP (M)
ASSAM.
------------
Advocate for : MR. R K BHUYAN
Advocate for : appearing for TARUN DAS AND 6 ORS
                                                                              Page No.# 3/3


                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                         ORDER

Date : 21.09.2022

Heard Mr. R.K. Bhuyan, the learned counsel appearing on behalf of the applicant.

This is an application under Order 41 Rule 5 read with section 151 of the CPC for stay of the judgment and decree dated 21.05.2022 passed by the Court of the learned Civil Judge No.2, Kamrup (M) at Guwahati in Title Appeal No.38/2017 whereby the judgment and decree dated 05.06.2017 passed by the learned Munsiff No.1, Kamrup (M) in Title Suit No.59/2011 was upheld.

The applicant states that they are in possession of the suit land and by virtue of the concurrent findings of fact and the decrees passed by the Court below, the applicant may be dispossessed during the pendency of the instant appeal.

Taking into consideration that the accompanying appeal has already been admitted and the applicant claims to be in possession of the suit land, it is observed that till the disposal of the instant appeal, the status quo be maintained as regards the possession of the suit land. Further to that, it is made clear that the applicant during the pendency of the instant appeal shall not carry out any form of permanent construction over the suit land till the disposal of the instant appeal.

The I.A stands disposed off.

JUDGE

Comparing Assistant