Gauhati High Court

Bidya Sagar Singha vs Sukh Lal Samota And Anr on 3 May, 2024

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GAHC010086202024




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

                                  Case No. : RFA/22/2024

            BIDYA SAGAR SINGHA
            S/O SHRI KAMINI SINGHA, RESIDENT OF SHANTI NAGAR, NOONMATI, PS
            AND PO NOONMATI, GUWAHATI 781020, DIST KAMRUP M ASSAM



            VERSUS

            SUKH LAL SAMOTA AND ANR
            S/O LATE NARSA RAM SAMOTA, RESIDENT OF ROOM NO. 319, 3RD
            FLOOR, UCO BANK BUILDING, H.B ROAD FANCY BAZAR GUWAHATI
            781001 KAMRUP M

            2:SRI DIP HAZARIKA
             S/O SRI BANURAM HAZARIKA

            RESIDENT OF FLAT NO. 6A
            NABODAYA APARTMENT
            CHINAKI PATH
            ZOO NARANGI ROAD
            PS GEETANAGAR
            GUWAHATI 781024
            DIST KAMRUP M ASSA

Advocate for the Petitioner   : MR. R K D CHOUDHURY

Advocate for the Respondent :
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

03.05.2024 Heard Mr. R. K. D. Choudhury, learned counsel for the appellant.

This appeal has been filed against the Judgment and Order dated 22.02.2024 passed by the learned Civil Judge (Sr. Div.) No.1, Kamrup (M), Guwahati in Title Suit No.219/2021.

It is submitted by the learned counsel for the appellant, Mr. Choudhury that in the aforesaid case all the issues where decided in his favour, however, the prayer for execution of Sale Deed was rejected and for which the present appeal has been preferred by the appellant challenging the Judgment and Order dated 22.02.2024.

Admit.

Issue notice to the respondents, returnable within 4(four) weeks.

The learned counsel for the appellant shall take steps for causing service of notice upon respondent Nos. 1 and 2 by registered post with A/D as well as by usual process within a week from today.

Considering the submission of learned counsel for the appellant and also considering the facts and circumstances, execution of the decree passed in Title Suit No.219/2021 by the learned Civil Judge (Sr. Div.) No.1, Kamrup (M), Guwahati 22.02.2024, stands stayed/suspended till disposal of the instant case.

Call for the LCR from the learned Trial Court.

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List the matters after 4 (four) weeks.

JUDGE

Comparing Assistant