Prakiti Das vs Nilam Hazarika And 4 Ors
2023 Latest Caselaw 4779 Gua

Gauhati High Court

Prakiti Das vs Nilam Hazarika And 4 Ors on 29 November, 2023

Author: Ajit Borthakur

Bench: Ajit Borthakur

                                                             Page No.# 1/3

GAHC010251732023




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

                      Case No. : I.A.(Civil) 3323/2023
                           in Intest. Cas. 7/2023


         PRAKITI DAS
         W/O ROBIN CHANDRA DAS RESIDENT OF VILLAGE KANAKLATA PATH
         SURVEY
         PO AND PS DISPUR
         DST KAMRUP M ASSAM 781006

          VERSUS

         NILAM HAZARIKA AND 4 ORS.
         S/O LATE MONORANJAN HAZARIKA
         RESIDENT OF 2 NO. MADGHARIA
         HOUSE NO. 190
         PO AND PS NOONMATI
         DIST KAMRUP M ASSAM 781020

         2:SMTI DIPALI CHALIHA
         W/O LATE PARAGDHAR CHALIHA
          RESIDENT OF PHUKAN NAGAR
          PO PS AND DIST SIVASAGAR
         ASSAM 785640

         3:SMTI ARATI BARUAH
         W/O LATE BIDHU BARUAH ( @ LATE H.L BARUAH)
         RESIDENT OF SOUTH AMOLAPATTY
         PO MOHANAGHAT
         PS AND DIST DIBRUGARH ASASM 786008

          4:SMTI PRANATI BORGOHAIN
         W/O LATE PUTUL BORGOHAIN RESIDENT OF C/O RISHIKESH BORGOHAIN
         (@ LABA) NEAR RAI HOSPITAL
          RAI HOSTEL ROAD
          SEGUNBARI
          MARGHERITA
                                                                        Page No.# 2/3

           PO MARGHERITA
           DIST TINSUKIA
           ASAM 786181

          5:SMTI MINATI SHARMA
          W/O RAJ SHARMA
          RESIDENT OF R.NO. 1402 B
          OBEROI GARDENS
          THAKUR VILLAGE
          KANDIVIL EAST
          MUMBAI
          MAHARASHTRA
          400101
          ------------
          Advocate for : MR. K M HASSAN
          Advocate for : appearing for NILAM HAZARIKA AND 4 ORS.



                                  BEFORE
                    HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                     ORDER

Date : 29.11.2023

Heard learned counsel for both sides.

By filing this interlocutory application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, the applicant has prayed to stay the operation of the impugned judgment and order, dated 26.07.2023, passed by the learned District Judge, Sivasagar, in Title Suit (Probate) No. 03/2019 (arising out of Misc. (Probate) Case No. 05/2017.

Issue notice.

The applicant shall take steps for service of notice by registered post with A/D as well as by usual process.

List this matter after 3 (three) weeks.

The operation of the impugned ex-parte judgment and order, dated Page No.# 3/3

26.07.2023, passed by the learned District Judge, Sivasagar, in Title Suit (Probate) No. 03/2019 (arising out of Misc. (Probate) Case No. 05/2017), shall remain stayed till the next returnable date.

If no steps are taken within three days, the stay order shall automatically stand vacated on the next returnable date.

JUDGE

Comparing Assistant