Mahadev Kirtonia vs Sri Chandra Sarkar
2025 Latest Caselaw 1414 Gua

Gauhati High Court

Mahadev Kirtonia vs Sri Chandra Sarkar on 23 July, 2025

                                                                            Page No.# 1/2

GAHC010159122025




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

                                  Case No. : I.A.(Civil)/2267/2025

            MAHADEV KIRTONIA
            AGED ABOUT 52 YEARS SON OF LATE NARAYAN KIRTONIA RESIDENT OF
            BELTOLA, GUWAHATI- 29, DISTRICT KAMRUP (M), ASSAM



            VERSUS

            SRI CHANDRA SARKAR
            SON OF LATE SUREN SARKAR RESIDENT OF BELTOLATINIALI BAZAR,
            GUWAHATI, ASSAM, PIN - 781028



Advocate for the Petitioner   : MR. K KALITA, MS. N BARMAN,MS. H BEGUM,MR. D NATH

Advocate for the Respondent : ,



                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                              ORDER

23.07.2025

Heard Mr. D. Nath, learned counsel for the applicant.

This application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, the applicant has prayed for staying the impugned judgment and decree dated 29.11.2022 passed in Title Suit No.112/2015 and further proceeding of Title Execution Page No.# 2/2

Case No.9/2024 along with the order passed on 03.07.2025 by the learned Civil Judge (Jr. Division) No.1, Kamrup(M), Guwahati, in Title Execution Case No.9/2024 till disposal of the RSA No.119/2024.

Mr. Nath, learned counsel for the applicant submits that the connected RSA has already been admitted by this Court after formulating substantial question of law and notice has already been issued to the respondent and the record has also been called for and as such, there is a requirement for staying the operation of the impugned judgment and decree dated 29.11.2022 passed in Title Suit No.112/2015 and further proceeding of Title Execution Case No.9/2024.

Since the connected regular second appeal has already been admitted for hearing and record has already been called for and notice has already been issued to the respondent and since execution proceeding has already been initiated before the learned Executing Court, being Title Execution Case No.9/2024, there is a requirement for staying the impugned judgment and decree dated 29.11.2022 passed in Title Suit No.112/2015 and also further proceeding of Title Execution Case No.9/2024 and accordingly, this interlocutory application stands allowed.

Accordingly, operation of the impugned judgment and decree dated 29.11.2022 passed in Title Suit No.112/2015 and further proceeding of Title Execution Case No.9/2024 along with the order dated 03.07.2025 passed by the learned Civil Judge (Jr. Division) No.1, Kamrup(M), Guwahati, in Title Execution Case No.9/2024, stand stayed, till disposal of the RSA No.119/2024.

Sd/- Robin Phukan JUDGE

Comparing Assistant