Page No.# 1/2 vs Bajanath Gogoi And 4 Ors
2023 Latest Caselaw 2682 Gua

                                                                 Page No.# 1/2

GAHC010123732023




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

         Linked Case : I.A.(Civil)/1903/2023
                       In RFA No. 28/2023

         M/S SURABHI SOCIETY AND ANR.
         A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT
         PATHALIBAM
          PO PANITOLA
          DIST DIBRUGARH
         ASSAM
          REPRESENTED BY ITS MANAGING PARTNER SRI PALASH RANJAN
         BORUAH

         2: SRI PALASH RANJAN BORUAH
         S/O SRI KHANDENDRA NATH GOGOI

          RESIDENT OF PATHALIBAM
          PO MORAN
          DIST DIBRUGARH
          ASSAM
          VERSUS

         BAJANATH GOGOI AND 4 ORS.
         S/O LATE GHANA KANT GOGOI RESIDENT OF SUKAPHA NAGAR
         SRIPURIA
         PO AND DIST TINSUKIA
         ASSAM

         2:THE STATE OF ASSAM
         DEPARTMENT OF PWD REPRESENTED BY ITS SECRETARY
          DISPUR ASSAM
          3:THE CHIEF ENGINEER.
         PWD(ROADS) ASSAM
          CHANDMARI
          GUWAHATI
         ASSAM
          4:THE SUPERINTENDING ENGINEER.
                                                                                 Page No.# 2/2

              PWD JORHAT ROAD CIRCLE
              PO AND DIST JORHAT ASSAM
              5:THE EXECUTIVE ENGINEER

              PWD(ROAD) CHARAIDEO RURAL ROAD
              DIVISION
              PO SONARI
              DIST SIVASAGAR
              ASSAM
              ------------
              Advocate for : MR. B K BHAGAWATI
              Advocate for : MR F KHAN appearing for BAJANATH GOGOI AND 4 ORS.



                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

17-07-2023 Heard Shri B. K. Bhagawati, learned counsel for the appellant. This is an application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure filed by the appellants/petitioners praying for stay of execution/operation of the impugned Judgment dated 03.03.2023 and decree passed in Title Suit No. 21/2012 by learned Court of Civil Judge, Tinsukia.

Issue Notice, returnable by 4 (four) weeks. Shri F. Khan, learned counsel who is on caveat has accepted notice on behalf of the respondent No. 1. Shri B. Gogoi, learned Standing Counsel, PWD accepts notice on behalf of respondent Nos. 2, 3, 4 & 5.

Let extra copies be served.

Shri F. Khan, learned counsel for the opposite party/plaintiff prays for and is granted 4 (four) weeks time to file objection in this case.

The application would be considered after filing of such objection.

JUDGE

Comparing Assistant