Subhash Chandra Brahma vs Madhab Karki
2023 Latest Caselaw 3166 Gua

                                                         Page No.# 1/2

GAHC010177712023




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

                                I.A.(Civil)/2358/2023
                                 In RFA No. 35/2023

         SUBHASH CHANDRA BRAHMA
         S/O LATE SEGANDRA BRAHMA
         VILL.- DANGAIGAON
         P.O.- KAJALGAON
         P.S.- DHALIGAON
         PIN- 783385
         DIST.- CHIRANG
         BTAD
         ASSAM.


          VERSUS

         MADHAB KARKI
         S/O PADAM BAHADUR KARKI
         VILL. AND P.O.- PATGAON
         P.S.- SARFANGURI
         PIN- 783370
         DIST.- KOKRAJHAR
         BTAD
         ASSAM.


         ------------
         Advocate for : MR. S C BISWAS
         Advocate for : appearing for MADHAB KARKI
                                                                            Page No.# 2/2


                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

16-08-2023 Heard Shri A. Ikbal, learned counsel for the applicant, who by means of this application filed under Order XLI Rule 5 read with Section 151 of the CPC as prayed for stay of the Judgment and Decree dated 29.05.2023 passed by the learned Court of the Civil Judge, Chirang in TS No. 47/2019 whereby the suit instituted by the opposite party for specific performance has been decreed.

The learned counsel has submitted that a specific defense on the ground of limitation was taken which was not considered at all. Additionally, it has also been

stated that the suit land is in the BTAD which is a 6 th Scheduled area and there was no averment on the eligibility of the opposite party to make transaction of immoveable property in the said area.

The connected appeal against the aforesaid judgment being RFA No. 35/2023 has been admitted today.

After hearing and in view of the aforesaid facts and circumstances, it is directed that pending disposal of the appeal, the impugned Judgment and Decree dated 29.05.2023 passed by the learned Court of the Civil Judge, Chirang shall remain suspended.

IA stands disposed of.

JUDGE

Comparing Assistant