Harilal Gupta vs Munsi Gupta
2023 Latest Caselaw 2270 Gua

                                                              Page No.# 1/2

GAHC010087882023




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

                           Case No. : I.A.(Civil)/1480/2023




         HARILAL GUPTA
         S/O LATE BHOGAI GUPTA RESIDENT OF BHAKUAMARI
         PS DHEKIAJULI
         DIST SONITPUR
         ASSAM


          VERSUS

         MUNSI GUPTA.
         S/O LATE DEWANAND GUPTA. RESIDENT OF WARD NO. 3
         DHEKIAJULI TOWN
         PO AND MOUZA DHEKIAJULI
         DIST SONITPUR
         ASSAM


         ------------
         Advocate for : MR. S BISWAS
         Advocate for : appearing for MUNSI GUPTA.
                                                                          Page No.# 2/2

                                 BEFORE
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                  ORDER

31.05.2023 Heard Mr. S. Biswas, learned counsel for the applicant.

This appeal is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 to stay the operation of the judgment and decree dated 30.01.2023 passed by the learned Civil Judge, Sonitpur in Title Appeal No.09/2022, upholding the judgment and decree dated 09.03.2022 passed in T.S. No.22/2016 by the learned Munsiff No.2, Tezpur.

Mr. S. Biswas, learned counsel has submitted that there is prima facie a good case and there is every possibility of success in the appeal and if, the aforementioned judgment and decree is not stayed, the purpose of filing the present appeal, i.e. RSA No.83/2023 will become infructuous.

Considering the submissions of learned counsel for the appellant, the execution of judgment and order dated 30.01.2023 passed by the learned Civil Judge, Sonitpur in Title Appeal No.09/2022, upholding the judgment and decree dated 09.03.2022 passed in T.S. No.22/2016 by the learned Munsiff No.2, Tezpur, stands stayed till disposal of the appeal.

This Interlocutory application stands disposed off, accordingly.

JUDGE

Comparing Assistant