Tarak Boro vs Ghanakanta Boro And 2 Ors
2024 Latest Caselaw 7856 Gua

Gauhati High Court

Tarak Boro vs Ghanakanta Boro And 2 Ors on 28 October, 2024

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GAHC010178382024




                      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
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           ASSAM 781307
           ------------
           Advocate for : MR. N K KALITA
           Advocate for : appearing for GHANAKANTA BORO AND 2 ORS



                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

Date : 28.10.2024

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

2. This interlocutory application, under Order 41 Rule 5, read with Section 151 of the CPC, is preferred for staying execution of the judgment dated 16.05.2024 and the decree dated 30.05.2024, passed by the learned Civil Judge, Barpeta, in Title Appeal No. 47/2022.

3. It is to be noted here that vide impugned judgment dated 16.05.2024 and decree dated 30.05.2024, the learned Civil Judge, Barpeta has dismissed the appeal and thereby, affirmed the judgment dated 04.07.2022 and decree dated 05.07.2022, passed by the learned Munsiff No. 2, Barpeta, in Title Suit No. 84/2015.

4. Perused the application and the documents placed on record and also perused the impugned judgment dated 16.05.2024 and the decree dated 30.05.2024, passed by the learned Civil Judge, Barpeta, in Title Appeal No. 47/2022 and the judgment dated 04.07.2022 and decree dated 05.07.2022, passed by the learned Munsiff No. 2, Barpeta, in Title Suit No. 84/2015.

5. Let notice be issued to the respondents returnable in four weeks.

6. Steps be taken upon the respondents by way of registered post with A/D as well as by usual process within a week from today.

7. List the matter after four weeks.

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8. Interim prayer of the applicant will be considered on the next returnable date.

JUDGE

Comparing Assistant