Page No.# 1/3 vs Md Kamaluddin Ahmed And Ors
2025 Latest Caselaw 2608 Gua

Gauhati High Court

Page No.# 1/3 vs Md Kamaluddin Ahmed And Ors on 8 August, 2025

                                                                             Page No.# 1/3

GAHC010164032025




                                                                      undefined

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

                   Case No. : I.A.(Civil)/2579/2025 in RSA/127/2025


         THE ASSAM STATE TRANSPORT CORPORATION
         REPRESENTED BY THE MANAGING DIRECTOR
         HAVING ITS OFFICE AT ASTC COMPLEX
         PALTAN BAZAR
         GUWAHATI 78108
         KAMRUP (M)
         ASSAM.

         2: THE MANAGING DIRECTOR

         ASSAM STATE TRANSPORT CORPORATION
         HAVING ITS OFFICE AT ASTC COMPLEX
         PALTAN BAZAR
         GUWAHATI 781008
         KAMRUP (M)
         ASSAM.

          3: THE STATION SUPERINTENDENT

         ASSAM STATE TRANSPORT CORPORATION
         MORAN
         DIST. DIBRUGARH
         ASSAM.
         VERSUS

         MD KAMALUDDIN AHMED AND ORS
         S/O LATE PAJIRUDDIN AHMED
         R/O MORAN TOWN
         P.O.
         P.S. MORAN
         DIST. DIBRUGARH
         ASSAM
         PIN 785675
                                                                             Page No.# 2/3


           2:ZAMALUDDIN AHMED
           S/O LATE PAJIRUDDIN AHMED


             3:SMTI. BULIN AHMED

           D/O LATE PAJIRUDDIN AHMED


             4:SMTI. ALIN AHMED

           D/O LATE PAJIRUDDIN AHMED
           ALL ARE R/O MORAN TOWN
           P.O. AND P.S. MORAN
           DIST. DIBRUGARH
           ASSAM.
           ------------
           Advocate for : MR. A CHAMUAH
           Advocate for : MR. B K DAS appearing for MD KAMALUDDIN AHMED AND ORS



                                  BEFORE
                     HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

08.08.2025

Heard Mr. A. Chamuah, learned counsel for the applicant and also heard Mr. B.K. Das, learned counsel for the opposite parties/respondents.

This application under Order XLI Rule 5, read with Section 151 of the Code of Civil Procedure is preferred by the applicant/appellant for staying the operation of the impugned judgment and decree dated 22.03.2018 passed by the learned Civil Judge, Dibrugarh, in Title Appeal No.11/2013.

Mr. Chamuah, learned counsel for the applicant submits that the connected appeal has already been admitted by this Court and notice has been issued and the record has also been called for and in the meantime, the opposite parties/respondents have started one execution proceeding before the learned Civil Judge, Dibrugarh, being Title Execution Case No.7/2021 and in the said proceeding, the learned Executing Court has already Page No.# 3/3

issued writ and the next date is fixed for report and as such, there is a requirement for staying the impugned judgment and decree dated 22.03.2018.

Taking note of the submission of learned counsel for both the parties and further considering the fact that the connected appeal has already been admitted for hearing, this Court is inclined to allow this application.

The impugned judgment and decree dated 22.03.2018 passed by the learned Civil Judge, Dibrugarh, in Title Appeal No.11/2013 stands stayed, till disposal of the second appeal.

Sd/- Robin Phukan JUDGE

Comparing Assistant