Sri Swarup Das vs Nazim Uddin Laskar
2025 Latest Caselaw 5483 Gua

Gauhati High Court

Sri Swarup Das vs Nazim Uddin Laskar on 18 June, 2025

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GAHC010129912025




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

                                  Case No. : I.A.(Civil)/1948/2025

            SRI SWARUP DAS
            SON OF SRI SITANGSHU MOHAN DAS, RESIDENT OF VILLAGE
            MADHAVPUR, PO KARICHERRA, PS RAMNATHPUR, DIST HAILAKANDI,

            VERSUS

            NAZIM UDDIN LASKAR
            SON OF LATE HAZI AJIR UDDIN LASKAR, RESIDENT OF VILLAGE
            RANGAUTI PART-I, P.ORANGUATI, P.S AND DISTRICTHAILAKANDI,ASSAM


Advocate for the Petitioner   : MR. A BHATTACHARJEE, MR S CHOUDHURY,MR. A
BHATTACHARYA

Advocate for the Respondent : ,


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

18.06.2025

Heard Mr. A. Bhattacharya, learned counsel for the applicant.

2. This interlocutory application, under Order XLI Rule 5 read with Section 151 of the CPC, is preferred by the applicant for staying the proceeding of Money Execution Case No. 09/2024, arising out of judgment and decree dated 12.01.2024, in Money Suit No. 03/2020, passed by the learned Civil Judge (Senior Division), Hailakandi.

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3. Mr. Bhattacharya, learned counsel for the applicant submits that the applicant has already preferred one regular first appeal, being RFA No. 46/2024 and the same has already been admitted by this court, vide order dated 15.07.2024. Mr. Bhattacharya further submits that in the said appeal the record has already been called for and the same has also been received and in the meantime, the respondent had instituted one Money Execution Case No. 09/2024 and in the said execution case, the applicant herein has entered appearance and filed a petition and that there is a requirement for staying the said execution proceeding till disposal of the RFA No. 46/2024, otherwise the RFA would be rendered infructuous.

4. Taking note of the submission of learned counsel for the applicant and also considering the facts and circumstances on the record, further proceeding of Money Execution Case No. 09/2024 stands stayed till disposal of the RFA No. 46/2024, subject, however, to depositing of 50% of the decretal amount before the registry of his court within a period of one week from today.

5. In terms of above, this IA stands disposed of.

JUDGE Comparing Assistant