Page No.# 1/4 vs Sri Chandrika Sharma
2025 Latest Caselaw 1633 Gua

Gauhati High Court

Page No.# 1/4 vs Sri Chandrika Sharma on 30 July, 2025

                                                                    Page No.# 1/4

GAHC010059452025




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

                          Case No. : I.A.(Civil)/1900/2025

         SRI YAM BAHADUR THAPA
         S/O D B THAPA
         RESIDENT OF AMSING
         JORABAT
         PS NOONMATI
         GUWAHATI 27
         DIST KAMRUP M ASSAM

         2: SMTI BIJOYA THAPA

         W/O LATE PADMA BAHADUR THAPA

          RESIDENT OF AMSING
          JORABAT
          PS NOONMATI
          GUWAHATI 27
          DIST KAMRUP M ASSAM
          VERSUS

         SRI CHANDRIKA SHARMA
         SON OF SRI NOURANGI SHARMA
         RESIDENTS OF VILLAGE AMSING
         JORABAT
         NOONMATI
         GUWAHATI
         KAMRUP METRO
         ASSAM


         ------------
         Advocate for : MR. B D DEKA
         Advocate for : appearing for SRI CHANDRIKA SHARMA
                                                              Page No.# 2/4


             Linked Case : RSA/93/2025

            SRI YAM BAHADUR THAPA AND ANR
            S/O D B THAPA, RESIDENT OF AMSING, JORABAT, PS
            NOONMATI, GUWAHATI 27, DIST KAMRUP M ASSAM

            2: SMTI BIJOYA THAPA

             W/O LATE PADMA BAHADUR THAPA

             RESIDENT OF AMSING
             JORABAT
             PS NOONMATI
             GUWAHATI 27
             DIST KAMRUP M ASSA

            VERSUS

            CHANDRIKA SHARMA
            S/O SRI NOURANGI SHARMA,
            RESIDENT OF AMSING, JORABAT, PS NOONMATI,
            GUWAHATI 27, DIST KAMRUP M ASSAM



Advocate for the Petitioner : MR. B D DEKA, MR A BHATRA,N
CHAUDHURY,MR. M DAS,MRS N. AGARWAL CHANDAK

Advocate for the Respondent : ,
                                                                             Page No.# 3/4



                                BEFORE
                   HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

30.07.2025 Heard Mr. B. D. Deka, learned counsel for the applicant.

This interlocutory application, under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, is preferred by the applicant for grant of stay of the operation of the impugned judgment and decree dated 16.12.2024 passed by the learned Civil Judge (Sr. Div.) No 2, Kamrup (M) at Guwahati, ('First Appellate Court', hereinafter) in Title Appeal No. 110/2016 and the judgment and decree dated 18.04.2015 passed by the Munsiff No. 2, Kamrup (M) at Guwahati, ('Trial Court', hereinafter) in Title Suit No. 692/2006.

Mr. Deka, learned counsel for the applicant submits that connected regular second appeal has already been admitted by this Court and notice has been issued to the respondent and records have already been called for and that the respondent opposite party herein has already instituted one execution proceeding, being Title Execution Case No. 54/2015, and as such, there is a requirement for staying the aforementioned judgments and decrees passed by the learned Courts below, till disposal of the regular second appeal.

After taking note of the submission of the learned counsel for the applicant, and also considering the materials on the record, operation of the impugned judgment and decree dated 16.12.2024, passed by the learned First Appellate Court in Title Appeal No. 110/2016, as well as operation of the impugned judgment and decree dated 18.04.2015, passed by the learned Trial Court, in Title Suit No. 692/2006, stand stayed till returnable date.

Issue Notice to the opposite party, returnable in 4 (four) weeks.

Steps be taken by a registered post with A/D and also by usual process, Page No.# 4/4

within a week from today.

List this matter after 4 (four) weeks.

JUDGE

Comparing Assistant