Satrughan Singh vs Bishwamitra Guwala And 3 Ors
2023 Latest Caselaw 4688 Gua

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GAHC010251082023




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

                                  Case No. : CRP/179/2023

            SATRUGHAN SINGH
            S/O LT DAMODAR SINGH R/O BISHNUPUR P.S. BHARALUMUKH
            GUWAHATI DIST. KAMRUP (M) ASSAM PIN 781016



            VERSUS

            BISHWAMITRA GUWALA AND 3 ORS
            S/O LT. CHINA GUWALA @ CHINA SINGH R/O BISHNUPUR MAIN ROAD
            TINIALI P.S. BHARALUMUKH P.O. GOPINATH NAGAR GUWAHATI DIST.
            KAMRUP M ASSAM PIN 78106

            2:MADAN GUWALA
             S/O LT. CHINA GUWALA @ CHINA SINGH R/O BISHNUPUR MAIN ROAD
            TINIALI P.S. BHARALUMUKH P.O. GOPINATH NAGAR GUWAHATI DIST.
            KAMRUP M ASSAM PIN 78106

            3:KRISHNA GUWALA
             S/O LT. CHINA GUWALA @ CHINA SINGH R/O BISHNUPUR MAIN ROAD
            TINIALI P.S. BHARALUMUKH P.O. GOPINATH NAGAR GUWAHATI DIST.
            KAMRUP M ASSAM PIN 78106

            4:PARDESHI GUWALA
             S/O LT. CHINA GUWALA @ CHINA SINGH R/O BISHNUPUR MAIN ROAD
            TINIALI P.S. BHARALUMUKH P.O. GOPINATH NAGAR GUWAHATI DIST.
            KAMRUP M ASSAM PIN 7810

Advocate for the Petitioner   : MR S KHOUND

Advocate for the Respondent :
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                            ORDER

Date : 20.11.2023

Heard Mr. S Khound, learned counsel for the petitioner.

By this petition under Section 115 of the Code of Civil Procedure, 1908, the petitioner has prayed for setting aside and quashing of the impugned Judgment and Decree, dated 04.08.2023 passed in Title Appeal No. 07/2022 and stay of the further proceedings of Title Execution Case No. 13 of 2021 pending in the Court of learned Civil Judge, Jr. Division No.2 Kamrup (M), Guwahati.

Issue notice to the respondents. Steps be taken by registered post with A/D within 2 days.

Call for the records of Title Execution Case No. 13 of 2021 pending in the Court of learned Civil Judge, Jr. Division No.2 Kamrup (M), Guwahati.

Till the returnable date, further proceedings in Title Execution Case No. 13 of 2021 pending in the Court of learned Civil Judge, Jr. Division No.2 Kamrup (M), Guwahati shall remain stayed.

Failure on the part of the petitioner to take steps on respondents shall invite cancellation of the interim order.

List on 14.12.2023.

JUDGE

Comparing Assistant