Page No.# 1/3 vs Nagen Chandra Roy Bepari
2024 Latest Caselaw 5801 Gua

Gauhati High Court

Page No.# 1/3 vs Nagen Chandra Roy Bepari on 12 August, 2024

                                                                 Page No.# 1/3

GAHC010113932024




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

                        Case No. : I.A.(Civil)/1748/2024

         LEGAL HEIRS OF LT GANESH CHANDRA BARMAN BIKU CHANDRA
         BARMAN AND ORS
         SON
         RESIDENT OF KAIMARI PART I, PO AND PS KAIMARI, PS GOLAKGANJ,
         DIST DHUBRI, ASSAM 783335

         2: DIPANKAR BARMAN
          SON
         RESIDENT OF KAIMARI PART I
          PO AND PS KAIMARI
          PS GOLAKGANJ
          DIST DHUBRI
         ASSAM 783335

         3: APU CHANDRA BARMAN
          SON
         RESIDENT OF KAIMARI PART I
          PO AND PS KAIMARI
          PS GOLAKGANJ
          DIST DHUBRI
         ASSAM 783335

         4: SOMA BARMAN
          DAUGHTER
         RESIDENT OF KAIMARI PART I
          PO AND PS KAIMARI
          PS GOLAKGANJ
          DIST DHUBRI
         ASSAM 783335

         5: HEMLATA BARMAN
         WIFE
         RESIDENT OF KAIMARI PART I
          PO AND PS KAIMARI
                                                                         Page No.# 2/3

             PS GOLAKGANJ
             DIST DHUBRI
             ASSAM 78333

            VERSUS

            NAGEN CHANDRA ROY BEPARI
            RESIDENT OF KAIMARI PART I, PO AND PS KAIMARI, PS GOLAKGANJ,
            DIST DHUBRI, ASSAM 783335



Advocate for the Petitioner   : MS. R CHOUDHURY, MS. B. HAZARIKA,MS F N ZAMAN

Advocate for the Respondent : MS. P BHATTACHARYA, MR. K BHATTACHARJEE,MS. A
BARMAN,MS T BARUAH




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                         ORDER

Date : 12.08.2024

Heard Ms. B. Hazarika, learned counsel for the applicants. Also heard Ms. T. Baruah, learned counsel for the respondent.

This application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the applicants/appellants praying for stay of the execution of the impugned judgment and decree dated 07.03.2024 passed by the learned Civil Judge (Sr. Division), Dhubri in Title Appeal No. 8/2023, whereby the judgment and decree passed by the learned Munsiff No. 1, Dhubri, in Title Suit No. 391/2004 on 25.05.2023 was affirmed.

The learned counsel for the applicants has submitted that the connected regular second appeal has already been admitted and two substantial question of law have also been formulated in the said appeal and, hence, she has prayed Page No.# 3/3

for allowing the instant application and staying the execution of the impugned judgment during pendency of the connected Regular Second Appeal No. 98/2024.

On the other hand, learned counsel for the opposite party/respondent has submitted that as the connected appeal has already been admitted and substantial question of law were already formulated in the main appeal, she has no objection if the petition is filed by the applicants/appellants is allowed.

In view of the submissions made by the learned counsel for the respondent and in view of the fact that the connected appeal has already been admitted and substantial question of law have also been formulated in this case, the execution of impugned judgment and decree dated 07.03.2024 which has been impugned in the connected Regular Second Appeal No. 98/2024 is hereby stayed during the pendency of the aforesaid appeal.

This interlocutory application is accordingly disposed of.

JUDGE

Comparing Assistant