Md. Najmul Haque And Anr vs Md. Sahabuddin Ahmed
2023 Latest Caselaw 1451 Gua

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GAHC010070392023




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

                                Case No. : I.A.(Civil)/898/2023

            MD. NAJMUL HAQUE AND ANR
            S/O- HASMOT ALI, R/O- VILL.- BORIGAON, P.O. AND MOUZA- DANDUA,
            P.S. AND DIST.- MORIGAON, ASSAM.



            VERSUS

            MD. SAHABUDDIN AHMED
            S/O- ABDUL KUDDUS, R/O- VILL.- SHANTIPUR, P.S. MIKIRBHETA, MOUZA-
            CHARAIBAHI, DIST.- MORIGAON, ASSAM.



Advocate for the Petitioner   : MR. T K BHUYAN

Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                           ORDER

Date : 06-04-2023

Heard Mr. T. K. Bhuyan, learned counsel for the applicant and Mr. A. Ganguly, learned counsel for the sole respondent.

The present applicant preferred RSA 218/2019 which was admitted by this court for hearing. This court under its order dated 6.1.2020 stayed the operation of judgment and Page No.# 2/2

decree dated 18.9.2018 in Money Suit No. 3/2015 with a liberty to the opposite party to file application for modification of the order if so desired. No such application has also been filed till date. However, it is contended that even after intimation regarding existence of such stay order, the learned executing court is proceeding with the execution process and writ has also been issued. Accordingly, the present application has been filed for stay of the execution proceeding.

This court having found substantial questions of law admitted the second appeal, which is subject to final determination. This court under its order dated 6.1.2020 has also stayed the judgment under challenge and such order is brought to the notice of the learned Munsiff.

In the aforesaid backdrop, it is provided that till the disposal of RSA 218/2019, the execution proceeding being Money Execution Case No. 4 of 2018 pending before the Munsiff No.1,Morigaon shall remain stayed .

In terms of the above, the I.A. stands disposed of.

JUDGE

Comparing Assistant