Gauhati High Court
Page No.# 1/6 vs Legal Heirs Of Chakradhar Das Son ... on 24 February, 2023
Page No.# 1/6
GAHC010011712022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3533/2022
LEGAL HEIRS OF NIRMALA DAS WIFE OF LATE RABIN DAS
NAMELY DHANJIT DAS AND 2 ORS
S/O LATE RABIN DAS
RESIDENT OF BRINDABANHATI
WARD NO. 7
BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM
781325
2: SRI NABA DAS @ NABAJIT DAS
S/O LATE RABIN DAS
RESIDENT OF BRINDABANHATI
WARD NO. 7
BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM
781325
3: SMTI DULUMANI DAS
S/O LATE RABIN DAS
RESIDENT OF BRINDABANHATI
WARD NO. 7
BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM
Page No.# 2/6
781325
VERSUS
LEGAL HEIRS OF CHAKRADHAR DAS SON OF LATE SARVESWAR DAS
NAMELY HIRAN DAS AND ORS.
W/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
2:SMTI MANJU OJAH
D/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
3:SRI BANGSHIDHAR DAS
D/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
4:SMTI DIPALI DAS
D/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
5:SRI LAKSHESWAR DAS
S/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
6:SMTI ARPANA DAS
Page No.# 3/6
D/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
7:SMTI MEERA DAS
D/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
8:SRI PRASENJIT OJAH
S/O JAYKRISHNA OJAH
RESIDENT OF DAHATI
WARD NO. 11. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
------------
Advocate for : MR H MAURYA
Advocate for : appearing for LEGAL HEIRS OF CHAKRADHAR DAS SON OF
LATE SARVESWAR DAS
NAMELY HIRAN DAS AND ORS.
Link Case:
RSA/177/2022
LEGAL HEIRS OF NIRMALA DAS WIFE OF LATE RABIN DAS,
NAMELY DHANJIT DAS AND 2 ORS.
S/O LATE RABIN DAS,
RESIDENT OF BRINDABANHATI, WARD NO. 7, BARPETA
TOWN, MOUZA, PS AND DIST BARPETA, ASSAM, 781325
2: SRI NABA DAS @ NABAJIT DAS
S/O LATE RABIN DAS
RESIDENT OF BRINDABANHATI
WARD NO. 7
Page No.# 4/6
BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM
781325
3: SMTI DULUMANI DAS
S/O LATE RABIN DAS
RESIDENT OF BRINDABANHATI
WARD NO. 7
BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM
78132
VERSUS
LEGAL HEIRS OF CHAKRADHAR DAS SON OF LATE
SARVESWAR DAS, NAMELY HIRAN DAS AND ORS. B
W/O LATE CHAKRADHAR DAS,
RESIDENT OF GALIAHATI, WARD NO. 10. BARPETA TOWN,
MOUZA, PS AND DIST BARPETA, ASSAM 781325
2:SMTI MANJU OJAH
D/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
3:SRI BANGSHIDHAR DAS
D/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
4:SMTI DIPALI DAS
D/O LATE CHAKRADHAR DAS
Page No.# 5/6
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
5:SRI LAKSHESWAR DAS
S/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
6:SMTI ARPANA DAS
D/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
7:SMTI MEERA DAS
D/O LATE CHAKRADHAR DAS
RESIDENT OF GALIAHATI
WARD NO. 10. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 781325
8:SRI PRASENJIT OJAH
S/O JAYKRISHNA OJAH
RESIDENT OF DAHATI
WARD NO. 11. BARPETA TOWN
MOUZA
PS AND DIST BARPETA
ASSAM 78132
Advocate for the Petitioner : MR H MAURYA
Page No.# 6/6
Advocate for the Respondent :
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
24. 02. 2023
Heard Mr. H Maurya, learned counsel for the applicants.
This is an application under Order 41 Rule 5 read with Section 151 of the
Civil Procedure Code for stay of the operation of the judgment and decree dated
30.01.2021 passed in TA No. 14/2016 by the learned Civil Judge, Barpeta
decreeing the TS No. 19/2013 for declaration and eviction by reversing the
judgment and decree dated 30.06.2016 passed in TS No. 19/2013 by the
learned Munsiff No. 1, Barpeta, whereby the said suit was dismissed.
As the connected appeal has been admitted, the operation of the judgment
and decree dated 30.01.2021 passed in TA No. 14/2016 by the learned Civil
Judge, Barpeta decreeing the TS No. 19/2013 by reversing the judgment and
decree dated 30.06.2016 passed in TS No. 19/2013 by the learned Munsiff No.
1, Barpeta is stayed.
IA stands disposed of.
JUDGE
Comparing Assistant
