Sabed Ali Sk vs Aditya Raj Barua And Anr
2023 Latest Caselaw 662 Gua

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GAHC010062892022




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

                                  Case No. : I.A.(Civil)/1035/2022

            SABED ALI SK
            S/O LATE SAMSER ALI, RESIDENT OF VILLAGE TIAMARI PART 1, PS
            GAURIPUR, DIST DHUBRI, PRESENTLY RESIDING AT BONGAIGOAN, PS
            AND DIST BONGAIGAON, ASSAM, 783380


            VERSUS

            ADITYA RAJ BARUA AND ANR.
            S/O LATE AMAL CH. BARUA RESIDENT OF VILLAGE WARD NO. 1,
            GAURIPUR, PS GAURIPUR, DIST DHUBRI, ASSAM 783331

            2:ASHOK KUMAR DUTTA
             S/O LATE AJIT KUMAR DUTTA WARD NO. 1
             GUARIPUR
             PO AND PS GAURIPUR
             DIST DHUBRI
            ASSAM 78333

Advocate for the Petitioner   : MR P UPADHYAY

Advocate for the Respondent : MR. R K JAIN

             Case : RSA/54/2022

            SABED ALI SK
            S/O LATE SAMSER ALI

            RESIDENT OF VILLAGE TIAMARI PART 1
            PS GAURIPUR
            DIST DHUBRI

            PRESENTLY RESIDING AT BONGAIGOAN
            PS AND DIST BONGAIGAON
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          ASSAM
          783380


          VERSUS

          ADITYA RAJ BARUA AND ANR.
          S/O LATE AMAL CH. BARUA
          RESIDENT OF VILLAGE WARD NO. 1
          GAURIPUR
          PS GAURIPUR
          DIST DHUBRI
          ASSAM 783331

          2:ASHOK KUMAR DUTTA
          S/O LATE AJIT KUMAR DUTTA
          WARD NO. 1
           GUARIPUR
           PO AND PS GAURIPUR
           DIST DHUBRI
          ASSAM 783331
           ------------
          Advocate for : MR P UPADHYAY
          Advocate for : MR G BHARADWAJ appearing for ADITYA RAJ BARUA AND ANR.



                               BEFORE
              HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                    ORDER

Date : 21.2.2023

Heard Mr. A. C. Sarma, learned Senior Counsel assisted by Mr. G. Bharadwaj, learned counsel for the applicant. Also heard Mr. R. K. Jain, learned counsel for the respondent No.1.

The present application is filed under Order 41 Rule 5 read with Section 151 of CPC for stay of the operation of the impugned judgment and decree dated 18.1.2022 passed by the learned District Judge, Dhubri, Assam in Title Page No.# 3/3

Appeal No. 08/2019 arising out of Title suit No. 6/2024 passed by the learned Civil Judge, Dhubri.

As the connected appeal has been admitted for hearing by framing three substantial questions of law and the records are also called for, this court is of the opinion that ends of justice shall be met if the aforesaid impugned judgment is stayed till disposal of the connected second appeal.

Ordered accordingly.

IA stands disposed of.

JUDGE

Comparing Assistant