Tarak Boro vs Ghanakanta Boro And 2 Ors
2024 Latest Caselaw 8335 Gua

Gauhati High Court

Tarak Boro vs Ghanakanta Boro And 2 Ors on 13 November, 2024

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GAHC010178392024




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

                                  Case No. : I.A.(Civil)/3118/2024

            TARAK BORO
            S/O LATE KASHINATH BORO, RESIDENT OF VILLAGE DEKAPARA, MOUZA
            PAKA, PS SARTHEBARI, DIST BARPETA, ASSAM 781314



            VERSUS

            GHANAKANTA BORO AND 2 ORS
            S/O LATE UPEN BORO, RESIDENT OF VILLAGE MORIPUR, SARTHEBARI,
            MOUZA PAKA, DIST BARPETA, ASSAM 781307

            2:SMTI PRATIMA BORO BAISHYA
            W/O BIPUL BAISHYA
             RESIDENT OF SATHIKUCHI/TATIKUCHI
             PO GABRADAL
             KAITHALKUCHI
             DIST NALBARI
            ASSAM 781370

            3:SMTI LAKHI BORO
            W/O NIREN BORO
             RESIDENT OF VILLAGE MORIPUR
             SARTHEBARI
             MOUZA PAKA
             DIST BARPETA
            ASSAM 78130

Advocate for the Petitioner   : MR. N K KALITA,

Advocate for the Respondent : ,
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date : 13.11.2024

Heard Mr. N.K. Kalita, learned counsel for the applicant.

2. Pursuant to the order dated 08.11.2024, Mr. Kalita, learned counsel for the applicant has produced one copy of the order dated 20.09.2024, passed by the Civil Judge (Junior Division) No. 2, Barpeta, in Title Execution Case No. 33/2024 and submits that the learned Executing Court has already issued warrant and vide order dated 20.09.2024, the matter was fixed on 01.10.2024 for report and thereafter, the matter has again been fixed on 30.10.2024. Under such circumstance, Mr. Kalita submits that if the impugned judgment dated 16.05.2024 and decree dated 30.05.2024, is not stayed, the connected appeal will become infructuous and therefore, it is contended to stay the impugned judgment and decree.

3. Having considered the submission of learned counsel for the applicant and also considering the fact that the connected regular second appeal has already been admitted and notice has been issued to the respondents and the records have been called for, this Court is inclined to stay operation of the judgment dated 16.05.2024 and decree dated 30.05.2024, passed by the learned Civil Judge, Barpeta, in Title Appeal No. 47/2022, till returnable date.

4. In terms of above, this I.A. stands allowed.

JUDGE

Comparing Assistant