Gauhati High Court
Page No.# 1/4 vs Rubi Biswas on 30 September, 2024
Page No.# 1/4
GAHC010195422024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3066/2024
CHITRALEKHA BORGOHAIN AND 2 ORS
W/O LATE ANIL BORGOHAIN
RESIDENT OF SUKAFA PATH
GNB NAGAR NEAR DHANUA PETROL PUMP
MOUZA BHAIRABPAD
PO AND PS TEZPUR
DIST SONITPUR
ASSAM 784001
2: SRI ARNAV BORGOHAIN
W/O LATE ANIL BORGOHAIN
RESIDENT OF SUKAFA PATH
GNB NAGAR NEAR DHANUA PETROL PUMP
MOUZA BHAIRABPAD
PO AND PS TEZPUR
DIST SONITPUR
ASSAM 784001
3: SMTI. ANISHA BORGOHAIN
D/O LATE ANIL BORGOHAIN
RESIDENT OF SUKAFA PATH
GNB NAGAR NEAR DHANUA PETROL PUMP
MOUZA BHAIRABPAD
PO AND PS TEZPUR
DIST SONITPUR
ASSAM 784001
VERSUS
RUBI BISWAS
W/O JAYANTA KUNDU
D/O SRI JITEN BISWAS
RESIDENT OF RUBBER BAGAN
LANE NO. 5
Page No.# 2/4
MOUZA MAHABHAIRAB
PO AND PS TEZPUR DIST SONITPUR
ASSAM 784001
------------
Advocate for : MR. A GANGULY
Advocate for : MR. A R SHOME appearing for RUBI BISWAS
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 30.09.2024
Heard Mr. A. Ganguly, learned counsel for the applicants and Mr. B. Pushilal,
learned counsel for the respondent/opposite party.
2. This interlocutory application, under Order 41 Rule 5, read with Section
151 of the CPC is preferred by the applicants for staying operation of the
judgment dated 30.07.2024 and decree dated 05.08.2024, passed in Title Suit
No. 48/2018, passed by the learned Civil Judge (Senior Division), Sonitpur,
Tezpur, and also to stay further proceeding of Title Execution Case No. 34/2024,
arising out of Title Suit No. 48/2018, pending before the Court of learned Civil
Judge (Senior Division), Sonitpur, Tezpur .
3. Let notice be issued to the respondent/opposite party returnable in four
weeks.
4. However, no formal notice is required to be issued to the
respondent/opposite party as Mr. Pushilal, learned counsel appears and accepts
notice on behalf of the respondent/opposite party. However, extra requisite
copies of the application be furnished to him during the course of the day.
5. Mr. Ganguly, learned counsel for the applicants submits that the applicants
have preferred an appeal against the judgment dated 30.07.2024 and decree
Page No.# 3/4
dated 05.08.2024, passed in Title Suit No. 48/2018 and the same has been
admitted by this Court today and notice has also been issued and the record has
also been called for from the learned trial Court and in the meantime, the
respondent/opposite party has already started Title Execution proceeding, being
Title Execution Case No. 34/2024, before the learned Civil Judge (Senior
Division), Sonitpur, Tezpur and unless the said title execution proceeding is
stayed, along with the judgment dated 30.07.2024 and decree dated
05.08.2024, the appeal would become infructuous and on such count, Mr.
Ganguly has contended to stay the operation of the impugned judgment dated
30.07.2024 and decree dated 05.08.2024 and also to stay the proceeding of
Title Execution Case No. 34/2024.
6. On the other hand, Mr. Pushilal, learned counsel for the
respondent/opposite party has vehemently opposed the application and submits
that unless security is deposited with the Court, such prayer cannot be allowed.
5. Having heard the submissions of learned Advocates of both sides, I have
carefully gone through the application and the documents placed on record and
also perused the impugned judgment dated 30.07.2024 and decree dated
05.08.2024.
7. It appears that the appeal challenging the impugned judgment dated
30.07.2024 and decree dated 05.08.2024, has already been admitted for
hearing and the record has also been called for from the learned trial Court. It
also appears that the Title Execution proceeding has also been initiated before
the learned Executing Court.
8. In that view of the matter, this Court is of the view that operation of the
impugned judgment dated 30.07.2024 and decree dated 05.08.2024 and the
proceeding of Title Execution Case No. 34/2024, require to be stayed in the
Page No.# 4/4
interest of justice and accordingly, the same stands stayed till returnable date.
9. List the matter after four weeks.
JUDGE
Comparing Assistant
