Sri Pradip Kumar Sarawgi vs Rahmat Ali B. Dhanani
2023 Latest Caselaw 585 Gua

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GAHC010006492023




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

                                Case No. : I.A.(Civil)/87/2023

            SRI PRADIP KUMAR SARAWGI
            S/O LATE BHURAMAL SARAWGI, R/O T.R. PHUKAN ROAD, FANCY BAZAR,
            GUWAHATI, DIST. KAMRUP M, ASSAM.



            VERSUS

            RAHMAT ALI B. DHANANI
            S/O LATE BASUBHAI DHANANI, RABINDRA SARANI, KOLKATA 700073,
            R/O COL, J. ALI ROAD, LAKHTOKIA, GUWAHATI 781001, DIST. KAMRUP M,
            ASSAM.



Advocate for the Petitioner   : MR. R B PHOOKAN

Advocate for the Respondent : MS N RAHMAN




             Linked Case : RFA/20/2015

            SRI PRADIP KUMAR SARAWGI
            S/O LATE BHURAMAL SARAWGI
            R/O T.R. PHUKAN ROAD
            FANCY BAZAR
            GUWAHATI
            DIST. KAMRUP M
            ASSAM.
                                                                       Page No.# 2/3

          VERSUS

          RAHMAT ALI B. DHANANI
          S/O LATE BASUBHAI DHANANI
          RABINDRA SARANI
          KOLKATA 700073
          R/O COL
          J. ALI ROAD
          LAKHTOKIA
          GUWAHATI 781001
          DIST. KAMRUP M
          ASSAM.


          ------------
          Advocate for : MR.G N SAHEWALLA
          Advocate for : MRS.N RAHMAN appearing for RAHMAT ALI B. DHANANI



                                    BEFORE
               THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                ORDER

17. 02. 2023

Heard Mr. KN Choudhury, learned Senior counsel assisted by Mr. RB Phookan, learned counsel for the applicant. Also heard Mr. P Khataniar, learned Senior counsel assisted by Mrs. N Rahman, learned counsel for the respondent.

This present application is filed under Order 41 Rule 5 read with Section 151 of the CPC praying for stay/ suspension of the judgment and decree dated 26.11.2014 passed by the learned Civil Judge No. 3, Kamrup (M) in MS No. 85/2007, which has been assailed in the connected regular first appeal being RFA No. 20/2015. The RFA in question was admitted by this court for hearing on 10.04.2015.

The applicant contends that as no application for stay/ suspension of the impugned judgment was filed, the execution proceeding continued in the Page No.# 3/3

meantime and the property of the appellant was attached and same may be put into sell at any time and in such an eventuality, the first appeal shall become infructuous. Accordingly, the present application has been filed.

The connected appeal has been pending since 2015. Therefore, this court is of the considered opinion that same be heard at the earliest. Accordingly, it is provided that this present IA along with connected RFA No. 20/2015 be listed on 23.02.2023 for hearing.

As this court has fixed the matter for final hearing on the said date, it is provided that though the property attached shall remain under attachment, the same shall not be put on sale for satisfaction of the judgment and decree dated 26.11.2014 without prior permission of this court.

JUDGE

Comparing Assistant