Page No.# 1/3 vs Borhan Ali And 4 Ors
2025 Latest Caselaw 5448 Gua

Gauhati High Court

Page No.# 1/3 vs Borhan Ali And 4 Ors on 17 June, 2025

                                                                  Page No.# 1/3

GAHC010256522024




                                                            2025:GAU-AS:7982

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

                         Case No. : I.A.(Civil)/3958/2024

         NASIR UDDIN
         S/O LATE KASER ALI, VILLAGE MEDHIRTARI, MOUZA JANIA, DIST
         BARPETA, ASSAM



         VERSUS

         BORHAN ALI AND 4 ORS
         S/O LATE DARAG ALI RESIDENT OF VILLAGE MEDHIRTARI, MOUZA
         JANIA, DIST BARPETA, ASSAM

         2:SAHEB ALI
          S/O LATE GOLAM ALI

         RESIDENT OF VILLAGE MEDHIRTARI
         MOUZA JANIA
         DIST BARPETA
         ASSAM

         3:HAZRAT ALI

          S/O LATE GOLAM ALI

         RESIDENT OF VILLAGE MEDHIRTARI
         MOUZA JANIA
         DIST BARPETA
         ASSAM

         4:ABDUL MANNAN

          S/O LATE JOINUDDIN

         RESIDENT OF VILLAGE MEDHIRTARI
                                                                      Page No.# 2/3

             MOUZA JANIA
             DIST BARPETA
             ASSAM

            5:HEIRS OF MAINUDDIN

             RESIDENT OF VILLAGE MEDHIRTARI
             MOUZA JANIA
             DIST BARPETA
             ASSA

Advocate for the Petitioner   : I AMIN, MR M H AHMED

Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

Date : 17.06.2025

Heard Mr. M. H. Ahmed, learned counsel for the applicant and also heard Mr. N. Alam, learned counsel for the respondents/opposite parties Nos.1, 3 & 4.

2. This interlocutory application, under Section 151 read with Order XLI Rule 5 of the Code of Civil Procedure, 1908, is preferred by the applicant for staying execution of the impugned judgment dated 06.11.2024 and decree dated 08.11.2024, passed in T.A. No. 27/2023, passed by the learned Civil Judge (Sr. Div), Barpeta by which the judgment and decree dated 03.08.2023, in Title Suit No. 34/2019, passed by the learned Munsiff No.2, Barpeta, whereby the suit of the respondents/plaintiffs was dismissed.

3. Mr. Ahmed, learned counsel for the applicant submits that the applicant herein has preferred one regular second appeal, being RSA No. 237/2024, and the same has already been admitted for hearing by this Court and in the meantime the respondents/opposite parties herein has file one execution case, Page No.# 3/3

being Execution Case No. 05/2025 and till disposal of the present appeal the impugned judgments and decrees are required to be stayed, else the RSA would be rendered infructuous.

4. Mr. Alam, learned counsel for the respondents/opposite parties submits that he has no objection.

5. Taking note of the submission of learned counsel for both the parties and also considering the fact that the RSA No. 237/2024, has already been admitted for hearing and the record has also been called for, this Court is inclined to allow this application. Execution of the impugned judgment dated 06.11.2024 and decree dated 08.11.2024 in Title Appeal No. 27/2023, accordingly, stands stayed till disposal of the RSA No. 237/2024.

6. In terms of above this I.A. stands disposed of.

JUDGE

Comparing Assistant