Tarini Kanta Borah vs Hem Chandra Borah
2023 Latest Caselaw 746 Gua

                                                                    Page No.# 1/3

GAHC010005392023




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

                                Case No. : I.A.(Civil)/183/2023

            TARINI KANTA BORAH
            S/O LATE FOTIK CHANDRA BORA, R/O VILL. CHATIAL, MOUZA-CHATIAL,
            DIST. NAGAON, ASSAM.



            VERSUS

            HEM CHANDRA BORAH
            S/O- LATE FOTIK CHANDRA BORAH, R/O- VILL.- CHATIAL, MOUZA-
            CHATIAL, DIST. NAGAON, ASSAM



Advocate for the Petitioner   : MRS. UMA CHAKRABORTY

Advocate for the Respondent : MR. P SUNDI




             Linked Case : RSA/25/2015

            SRI HEM CHANDRA BORAH
            S/O LATE FATIK CH.BORA
            R/O VILL. CHATIAL
            MOUZA CHATIAL
            DIST. NAGAON
            ASSAM


             VERSUS
                                                                             Page No.# 2/3

          SRI TARINI KANTA BORAH
          S/O LATE FATIK CHANDRA BORA
          R/O VILL. CHATIAL
          MOUZA-CHATIAL
          DIST. NAGAON
          ASSAM.


          ------------
          Advocate for : MR.P SUNDI
          Advocate for : MR.P D NAIR appearing for SRI TARINI KANTA BORAH



                                     BEFORE
               THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                ORDER

24. 02. 2023

Heard Ms. U Chakrabarty, learned counsel for the respondent/ applicant.

The present application is filed for modification/ vacation/ alteration of order dated 18.02.2015 passed by this court in MC No. 393/2015 in RSA 25/2015. The appellant, being aggrieved by the judgment and decree dated 08.07.2014 and 18.07.2014 passed in TA 27/2013 preferred the connected second appeal, which was registered as RSA No. 25/2015 and was admitted by this court by framing two substantial questions of law.

After admission of the second appeal, this court provided by order dated 18.02.2015 passed in MC No. 393/2015 that the impugned judgment and decree shall remain suspended.

Ms. U Chakraborty, learned counsel submits that taking advantage of such stay order the appellant is disturbing the respondents.

If that be so, the respondent shall have to file application for injunction.

As the second appeal has been admitted for hearing, this court do not find Page No.# 3/3

any ground to modify or vacate the present application.

Ms. U Chakraborty also contends that the matter is pending since 2015 and therefore the second appeal may be listed for hearing at an early date.

Be that as it may, in view of the aforesaid, present IA stands closed.

JUDGE

Comparing Assistant