Chakradhar Basumatary vs Smti. Parbati Narzary
2024 Latest Caselaw 335 Gua

Gauhati High Court

Chakradhar Basumatary vs Smti. Parbati Narzary on 22 January, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                                   Page No.# 1/3

GAHC010005052024




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

                                    Case No. : CRP/4/2024

            CHAKRADHAR BASUMATARY
            S/O GAJEN BASUMATARY, VILL- DOBGAON PART-II, KHASIBARI NEAR SAI
            COMPLEX, P.S.-KOKRAJHAR, DIST- KOKRAJHAR (BTAD), ASSAM



            VERSUS

            SMTI. PARBATI NARZARY
            W/O SRI MADHU NARZARY, VILL- CHALTOLA, WARD NO. 4 OF
            KOKRAJHAR TOWN, P.O.-KOKRAJHAR, P.S.-KOKRAJHAR, PIN-783370,
            DIST-KOKRAJHAR (BTAD), ASSAM



Advocate for the Petitioner   : MR. R BARUAH

Advocate for the Respondent :




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 22.01.2024

Heard Mr.A Ikbal, learned counsel for the petitioner.

By this petition filed under Article 227 of the Constitution of India r/w Section 151 of the Code of Civil Procedure, the petitioner has prayed for stay of the order, dated 22.12.2023 passed by the learned District Judge, Kokrajhar in Misc. (J) Case No. 10/23 arising out of Title Page No.# 2/3

Appeal Case No. 10/2021 refusing to stay further proceeding in Title Execution Case No. 01/2019.

It is submitted by learned counsel for the petitioner that the petitioner had preferred an appeal against the Judgment and order, dated 08.03.2019 passed by the learned Civil Judge, Sr. Division, Kokrajhar in T.S. No. 18/2018 ex-parte. Notice was not served to the petitioner as a result of which title suit proceeded exparte and the judgment was delivered accordingly. Subsequently, execution case was filed vide Title Execution Case No. 1/2019. According to the learned counsel, stay of execution proceeding was rejected by the court of learned District Judge, Kokrajhar as because the appeal was not admitted for hearing. In support of his submission, the learned counsel has relied on some case laws:

1) Bhagwan Godsay -vs- Kachrulal Samdariya, reported in (1987) 2 Bom CR 153

2) GHC I.A. (Civil) 1460/2020 ( Shami Akhtara Begum & Ors-vs- Md. Abdul Matin Prodhani)

3) Shaikh Ibrahim Janmohammad -vs- Tekchan @ Ravindra Fakirchand, reported in 1988 (2) BOM CR 436.

Having considered the submission of the learned counsel for the petitioner and in view of the legal proposition relied on as aforesaid, further proceeding in Title Execution Case No.1/2019 pending in the court of learned Civil Judge, Sr. Division Kokrajhar shall remain stayed till decision of the application for condonation of the delay.

Issue notice to the respondent by Registered post with A/D returnable by 4(four) weeks.

Steps within 7 days.

List accordingly.

JUDGE Page No.# 3/3

Comparing Assistant