Sahabuddin Ahmed vs Raisuddin Ahmed And 2 Ors
2023 Latest Caselaw 2715 Gua

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GAHC010112612023




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


                              I.A.(Civil)/1741/2023 in
                                 RSA/109/2023


         SAHABUDDIN AHMED
         S/O LATE SAYED ALI
         RESIDENT OF VILLAGE GHILAKURI
         MOUZA SARABARI
         PO BARAMPUR
         PS SIPAJHAR
         DIST DARRANG
         ASSAM 784144


          VERSUS

         RAISUDDIN AHMED AND 2 ORS.
         S/O LATE RUSTAM ALI

          RESIDENT OF VILLAGE GHILAKURI
          MOUZA SARABARI
          PO BARAMPUR
          PS SIPAJHAR
          DIST DARRANG
          ASSAM 784144

         2:MD. JAKIR HUSSAIN @ JAKIR ALI
         S/O LATE RUSTAM ALI

          RESIDENT OF VILLAGE GHILAKURI
          MOUZA SARABARI
          PO BARAMPUR
          PS SIPAJHAR
          DIST DARRANG
          ASSAM 784144
                                                                         Page No.# 2/3

             3:MD. MUKUT ALI
             S/O LATE RUSTAM ALI

             RESIDENT OF VILLAGE GHILAKURI
             MOUZA SARABARI
             PO BARAMPUR
             PS SIPAJHAR
             DIST DARRANG
             ASSAM 784144
             ------------
             Advocate for : MR. A SATTAR
             Advocate for : appearing for RAISUDDIN AHMED AND 2 ORS.



                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

19.07.2023

Heard Shri Z. Mukit, learned counsel for the applicant, who has filed this application under Order XLI Rule 5 read with Section 151 of the CPC for stay of the operation of the judgment dated 17.03.2023 and decree dated 28.03.2023 passed by the learned first appellate Court of the Civil Judge, Darrang, at Mangaldai in Title Appeal No. 08/2022.

The appeal has been admitted today by framing substantial questions of law.

The learned counsel submits that if the impugned judgment is not stayed, irreparable loss and injury would be suffered and there is a prima facie case in their favour as the impugned decree has been passed on a wrong appreciation of the materials on record including the evidence.

After consideration of the submissions and taking into account the facts and circumstances of the case, it is directed that till the disposal of the appeal which Page No.# 3/3

has been admitted today, the operation of the impugned judgment dated 17.03.2023 and decree dated 28.03.2023 passed by the learned first appellate Court of the Civil Judge, Darrang, at Mangaldai in Title Appeal No. 08/2022 shall remain suspended.

JUDGE

Comparing Assistant