Page No.# 1/2 vs Lallan Prasad Shah
2023 Latest Caselaw 3855 Gua

                                                                    Page No.# 1/2

GAHC010170422022




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

         I.A.(Civil)/1682/2023 In
         RFA/26/2023

         RAKESH SHAH AND ANR.
         S/O LATE MADAN SHAH
         RESIDENT OF MASTERPARA
         DIBRUGARH TOWN
         PO AND PS DIBRUGARH
         ASSAM

         2: SRI SURESH SHAH
         S/O LATE MADAN SHAH

         RESIDENT OF MASTERPARA
         DIBRUGARH TOWN
         PO AND PS DIBRUGARH
         ASSAM
         VERSUS

         LALLAN PRASAD SHAH
         S/O BONSHIDHAR PRASAD SHAH
         C/O J.P BEET INDUSTRIES A.T ROAD
         CHABUA
         PO AND PS CHABUA
         DIST DIBRUGARH
         ASSAM


         ------------
         Advocate for : MR. R DE
         Advocate for : MR. S P CHOUDHURY appearing for LALLAN PRASAD SHAH
                                                                       Page No.# 2/2


                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                     ORDER

20.09.2023.

Heard Shri R De, learned counsel for the applicants, who by means of this application has prayed for stay of the Title Execution No. 01/2022 arising out of the judgment and decree dated 23.12.2021 passed by the learned Civil Judge, Dibrugarh in TS No. 20/2012.

The connected appeal, being RFA/26/2023 has been admitted today.

Shri De, learned counsel for the applicants submits that if the execution is not stayed, the entire appeal would be rendered infructuous. The learned counsel for the applicants submits that there are good grounds of appeal which is likely to succeed.

Considering the aforesaid facts and circumstances, it is directed that pending disposal of the RFA/26/2023, the Title Execution No. 1/2022 shall remain suspended.

Interlocutory application stands disposed of.

JUDGE

Comparing Assistant