Page No.# 1/3 vs Nogen Ch Das And 3 Ors
2025 Latest Caselaw 9650 Gua

Gauhati High Court

Page No.# 1/3 vs Nogen Ch Das And 3 Ors on 17 December, 2025

                                                            Page No.# 1/3

GAHC010197482025




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

                         Case No. : I.A.(Civil)/4049/2025
         DEBOLA DAS AND 2 ORS.
         WIFE OF LATE BASU DAS
         RESIDENT OF SARUHUJ GAON
         MOUZA- PARBATIA
         DIST- JORHAT-785006

         2: TANURAM DAS
         SON OF LATE BASU DAS
          RESIDENT OF SARUHUJ GAON
          MOUZA- PARBATIA
          DIST- JORHAT-785006

         3: PULIN CH DAS
         SON OF LATE BASU DAS
         RESIDENT OF SARUHUJ GAON
         MOUZA- PARBATIA
         DIST- JORHAT-785006
         VERSUS

         NOGEN CH DAS AND 3 ORS.
         SON OF LATE MONAI DAS
         RESIDENT OF SARUHUJ GAON
         MOUZA- PARBATIA
         DIST- JORHAT

         2:UPEN CH DAS (MISTRI)
         SON OF LATE PURA DAS
          RESIDENT OF SARUHUJ GAON
          MOUZA- PARBATIA
          DIST- JORHAT

         3:ANUJ DAS
         SON OF LT MONAI DAS
         RESIDENT OF SARUHUJ GAON
         MOUZA- PARBATIA
                                                                       Page No.# 2/3

           DIST- JORHAT

           4:ANANTA DAS
           SON OF TILESWAR DAS
           RESIDENT OF SARUHUJ GAON
           MOUZA- PARBATIA
           DIST- JORHAT
           ------------
           Advocate for : MR. A SATTAR
           Advocate for : appearing for NOGEN CH DAS AND 3 ORS.



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 17.12.2025

1. Heard Mr. P. P. Borthakur, learned counsel for the applicants.

2. This interlocutory application has been filed by the applicants under Order 41 Rule 5 of the CPC in connection with RSA No. 215/2025 praying for stay of the execution of the impugned judgment and decree of the Trial Court as well as the First Appellate Court.

3. The learned counsel for the applicants has submitted that the respondents have already filed an execution proceeding before the Executing Court.

4. Issue notice to the respondents.

5. The applicants shall take steps for issuance of notice upon the respondents by speed post as well as by usual mode within seven days from the

date of this order, returnable on 5th of February, 2026.

6. In the meanwhile, since the connected regular second appeal has been admitted for hearing and notices have been issued in that case, till next returnable date, the execution of the impugned judgment and decree shall Page No.# 3/3

remain stayed.

7. List accordingly.

JUDGE

Comparing Assistant