Noor Islam vs Isub Ali And Anr
2024 Latest Caselaw 6449 Gua

Gauhati High Court

Noor Islam vs Isub Ali And Anr on 30 September, 2024

                                                         Page No.# 1/3

GAHC010008732024




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

                                        Case No. :
         Case : I.A.(Civil)/2587/2024

         NOOR ISLAM
         S/O LATE JAINUDDIN
         RESIDENT OF VILLAGE GOTLONG
         PO KALIABHOMORA
         MOUZA BHAIRABPAD
         PS TEZPUR
         DIST. SONITPUR
         ASSAM
         784027


          VERSUS

         ISUB ALI AND ANR.
         S/O LATE JAINUDDIN
          RESIDENT OF VILLAGE GOTLONG
          PO KALIABHOMORA
          MOUZA BHAIRABPAD
          PS TEZPUR
          DIST. SONITPUR
          ASSAM
          784027

         2:MD. SHAIRAB ALI
         S/O LATE JAINUDDIN
          RESIDENT OF VILLAGE GOTLONG
          PO KALIABHOMORA
          MOUZA BHAIRABPAD
          PS TEZPUR
          DIST. SONITPUR
         ASSAM
          784027
          ------------
                                                                     Page No.# 2/3

         Advocate for : MR. P MAHANTA
         Advocate for : appearing for ISUB ALI AND ANR.

         In


                                         RSA/159/2024

                     NOOR ISLAM
                     S/O LATE JAINUDDIN, RESIDENT OF VILLAGE GOTLONG,
                     PO KALIABHOMORA, MOUZA BHAIRABPAD, PS TEZPUR,
                     DIST. SONITPUR, ASSAM, 784027



                     VERSUS

                     ISUB ALI AND ANR.
                     S/O LATE JAINUDDIN, RESIDENT OF VILLAGE GOTLONG,
                     PO KALIABHOMORA, MOUZA BHAIRABPAD, PS TEZPUR,
                     DIST. SONITPUR, ASSAM, 784027

                     2:MD. SHAIRAB ALI
                      S/O LATE JAINUDDIN
                      RESIDENT OF VILLAGE GOTLONG
                      PO KALIABHOMORA
                      MOUZA BHAIRABPAD
                      PS TEZPUR
                      DIST. SONITPUR
                     ASSAM
                      78402

         Advocate for the Petitioner : MR. P MAHANTA, C SARMA,V
         KHAKHALARY,MS. P SAHARIA

         Advocate for the Respondent : MR. P SUNDI,



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

30.09.2024

1. Heard Mr. P. Mahanta, learned counsel for the applicant. Also heard Mr. Page No.# 3/3

P. Sundi, learned counsel appearing for opposite parties/respondents.

2. This application under Order XLI Rule 5 of the Code of Civil Procedure, 1908 has been filed for staying the execution of the impugned judgment dated 25.08.2023, passed in Title Appeal No. 14/2022, by the learned Civil Judge, Senior Division, Sonitpur, Tezpur.

3. I have heard the learned counsel for both the sides.

4. The applicant has impugned the aforesaid judgment by filing a connected regular second appeal, which has been registered as RSA No. 159/2024.

5. In the said appeal substantial question(s) of law has been formulated and same has been admitted and notices are issued to the parties and records are also called for.

6. In view of the above, the further proceeding of Title Execution Case No. 05/2024, pending before the Court of learned Civil Judge, Junior Division No. 1, Sonitpur, Tezpur shall remain stayed, till the pendency of the connected second appeal.

7. This Interlocutory Application is accordingly disposed of.

JUDGE

Comparing Assistant