Jayanti Pator vs Biren Bora
2024 Latest Caselaw 167 Gua

Gauhati High Court

Jayanti Pator vs Biren Bora on 10 January, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                        Page No.# 1/2

GAHC010268182023




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

                          Case No. : I.A(Civil) 53/2024 in RSA/4/2024

            JAYANTI PATOR
            W/O LATE BIRBAL PATOR,
            RESIDENT OF VILLAGE MAJARBORI, MOUZA, PO AND PS MIKIRBHETA,
            DIST MORIGAON, ASSAM 782001

            VERSUS

            BIREN BORA
            S/O LATE SHIVA RAM BORA,
            RESIDENT OF VILLAGE TORABORI, MOUZA MIKIRBHETA, DIST
            MORIGAON, ASSAM
            AT PRESENT RESIDING AT DHING ATHGAON SUTIPAR MOUZA, PO AND PS
            DHING, DIST NAGAON, ASSAM


Advocate for the Petitioner   : MR. D C C PHUKAN

Advocate for the Respondent :

            Linked Case : I.A.(Civil)/53/2024

            JAYANTI PATOR
            W/O LATE BIRBAL PATOR
             RESIDENT OF VILLAGE MAJARBORI
             MOUZA
             PO AND PS MIKIRBHETA
             DIST MORIGAON
             ASSAM 782001

             VERSUS

            BIREN BORA
            S/O LATE SHIVA RAM BORA
            RESIDENT OF VILLAGE TORABORI
                                                                       Page No.# 2/2

            MOUZA MIKIRBHETA
            DIST MORIGAON
            ASSAM AT PRESENT RESIDING AT DHING ATHGAON SUTIPAR MOUZA
            PO AND PS DHING
            DIST NAGAON
            ASSAM

            ------------
            Advocate for : MR. D C C PHUKAN
            Advocate for : appearing for BIREN BORA


                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : 10.01.2024

Heard Mr. D C C Phukan, learned counsel for the appellant.

This is an application under Order XLII (1) as well as Order XLI (5) of the CPC praying for stay of operation of the impugned judgment and decree dated 08.03.2021 passed in Title Suit No.100/2021 by the Munsiff No.2, Morigaon as well as Title Appeal No.7/2021 passed by the learned Civil Judge (Sr. Div), Morigaon.

Since the connected appeal is admitted for hearing, the prayer is allowed.

The operation of the impugned judgment and decree dated 08.03.2021 passed in Title Suit No.100/2021 as well as the judgment passed in Title Appeal No.7/2021 by the learned Civil Judge (Sr. Div), Morigaon shall remain stayed till disposal of the appeal.

The I.A stands disposed of.

JUDGE Comparing Assistant