Page No.# 1/4 vs On The Death Of Dharani Keot ...
2023 Latest Caselaw 587 Gua

                                                            Page No.# 1/4

GAHC010021492023




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

                         Case No. : I.A.(Civil)/360/2023

         SRI GANESH DEKA AND ANR
         S/O LATE LOHIT DEKA,
         RESIDENT OF MAJARKURI (NAMPARA),
         PO RAMDIA, (NAMPARA), PS HAJO DIST KAMRUP, ASSAM

         2: ANIL DEKA
          S/O LATE LOHIT DEKA

         RESIDENT OF MAJARKURI (NAMPARA)

         PO RAMDIA
         (NAMPARA)
         PS HAJO DIST KAMRUP
         ASSA

         VERSUS

         ON THE DEATH OF DHARANI KEOT (PATHAK)
         HIS LEGAL HEIRS

         1.1:BHABESH PATHAK
          S/O LATE DHARANI KEOT
          RESIDENT OF MAJARKURI (NAMPARA)
          PO RAMDIA
          (NAMPARA)
          PS HAJO DIST KAMRUP
         ASSAM

         1.2:HAREN PATHAK
          S/O LATE DHARANI KEOT
          RESIDENT OF MAJARKURI (NAMPARA)
          PO RAMDIA
          (NAMPARA)
          PS HAJO DIST KAMRUP
                                                                    Page No.# 2/4

             ASSA

Advocate for the Petitioner   : MR A N AHMED

Advocate for the Respondent :




             Linked Case : RSA/137/2022

            SRI GANESH DEKA AND ANR
            S/O LATE LOHIT DEKA

            RESIDENT OF MAJORKURI (NAMPARA)

            PO RAMDIA
            (NAMPARA)
            PS HAJO DIST KAMRUP
            ASSAM

            2: SRI ANIL DEKA
            S/O LATE LOHIT DEKA

            RESIDENT OF MAJORKURI (NAMPARA)

            PO RAMDIA
            (NAMPARA)
            PS HAJO DIST KAMRUP
            ASSAM
            VERSUS

            ON THE DEATH OF DHARANI KEOT (PATHAK) HIS LEGAL HEIRS - SRI
            BHABESH PATHAK AND ANR
            S/O LATE DHARANI KEOT

            RESIDENT OF MAJORKURI (NAMPARA)

            PO RAMDIA
            (NAMPARA)
            PS HAJO DIST KAMRUP
            ASSAM

            2:SRI HAREN PATHAK

            S/O LATE DHARANI KEOT
                                                                           Page No.# 3/4

             RESIDENT OF MAJORKURI (NAMPARA)

             PO RAMDIA
             (NAMPARA)
             PS HAJO DIST KAMRUP
             ASSAM
             ------------
             Advocate for : MR A N AHMED
             Advocate for : appearing for ON THE DEATH OF DHARANI KEOT (PATHAK) HIS
             LEGAL HEIRS - SRI BHABESH PATHAK AND ANR



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

17.02.2023

Heard Mr. J. Ahmed, learned counsel for the applicant.

The present application is filed under Order XLI Rule 5 of the Code of Civil Procedure, for stay of the judgment and decree dated 03.05.2018, passed by the learned Civil Judge, Kamrup, Amingaon in Title Appeal No. 07/2014 whereby the learned appellate Court uphold the judgment and decree dated 21.12.2003 passed by the learned Munsiff No. 2, Kamrup (M), Guwahati in Title Suit No. 97/2010.

The connected second appeal has already been admitted by this Court under its order dated 07.12.2022, by framing five substantial questions of law and notice has also been issued upon respondents.

As the connected second appeal has already been admitted, let a notice be issued in the present application returnable after four weeks.

The applicant to take steps for issuance of notice upon the respondents by Page No.# 4/4

way of registered post with A/D as well as by usual process within a period of 5 (five) days from today.

Till such returnable, as an ad-interim measure, the impugned judgment and decree dated 03.05.2018, passed by the learned Civil Judge, Kamrup, Amingaon in Title Appeal No. 07/2014, shall remain suspended.

JUDGE

Comparing Assistant