Gauhati High Court
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GAHC010060602025
2025:GAU-AS:3030
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/808/2025
PRABHUDAYAL AGARWALA ALIAS PRABHUDAYAL PATOWARI
S/O- LATE MADANLAL AGARWALA, R/O- WARD NO 9 OF NORTH
LAKHIMPUR TOWN, P.O.- AND P.S. NORTH LAKHIMPUR, DIST.-
LAKHIMPUR, ASSAM
VERSUS
GURU SINGH SABHA (SGSS)
REP. BY ITS PRESIDENT/SECRETARY, R/O- N.T. ROAD, WARD NO 9 OF
NORTH LAKHIMPUR TOWN, P.O.- AND P.S.- NORTH LAKHIMPUR, DIST.-
LAKHIMPUR, ASSAM
Advocate for the Petitioner : Sidhant Dutta, MR S DUTTA
Advocate for the Respondent : MR D CHAKRABORTY,
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
20.03.2025
Heard Mr S Dutta, learned counsel for the applicant and Mr D Chakraborty,
learned counsel for the sole respondent/opposite party.
2. This interlocutory application under Section 151 of the Code of Civil
Procedure, 1908, is preferred by the applicant for staying of Title Execution Case
No. 1/2025, pending in the Court of learned Civil Judge (Junior Division) No. 2,
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North Lakhimpur, arising out of Title Suit No. 18/2017.
3. Mr Dutta, learned counsel for the petitioner submits that the applicant has
preferred one civil revision petition against the Judgment and Decree dated
31.07.2024, passed by the learned Civil Judge (Senior Division), North Lakhimpur, in
Title Appeal No. 12/2023, whereby the learned Civil Judge (Senior Division), North
Lakhimpur, has upheld the Judgment and Decree dated 29.09.2023, passed by the
Munsiff No. 2, North Lakhimpur, in Title Suit No. 18/2017.
4. Mr Dutta, learned counsel for the applicant submits that during the pendency
of CRP No. 120/2024, the decree holder/the respondent-opposite party herein, has
instituted a Title Execution Case No. 1/2025, before the learned Executing Court
and the applicant herein has received a notice on 18.03.2025 and the matter is
fixed today before the learned Executing Court and that unless the aforementioned
execution proceeding is stayed, the civil revision petition will be infructuous and
thereby serious prejudice will be caused to the applicant and, therefore, Mr Dutta,
has contended to stay the proceedings of Title Execution Case No. 1/2025, till next
date, i.e., 23.04.2025.
5. Mr Chakraborty, learned counsel for the respondent/opposite party, has
vehemently opposed the application.
6. Mr Chakraborty submits that while the civil revision petition was filed on
28.11.2024, the interim prayer of the petitioner for staying the Judgment and
Decree passed by the learned first appellate Court, was not considered by this
Court and, thereafter, the matter was listed on 17.03.2025, wherein an order was
passed fixing the matter on 23.04.2025, for admission hearing and if the stay has
to be granted it has to be only on merit and that there are two concurrent
judgments and decree in favour of the respondent/opposite party and as such, Mr
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Chakraborty has contended to dismiss this interlocutory application.
7. Having heard the submissions of learned counsel for both the parties, I have
carefully gone through the application and documents placed on record. It appears
that in the title execution proceeding, instituted before the learned Executing
Court, i.e., Title Execution Case No. 1/2025, the learned Executing Court has issued
notice fixing the matter on 20th of March, 2025. Further, it appears that the civil
revision petition, filed by the applicant, herein, is fixed on 23.04.2025 and if in the
meantime, the decree is executed then the civil revision petition would become
infructuous. Thus, taking note of the submission of learned counsel for both the
parties and also balancing the equities between the parties, this Court is inclined to
stay further proceeding of the Title Execution Case No. 1/2025, pending in the
learned Executing Court, till 23.04.2025.
8. In terms of above, this interlocutory application stands disposed of.
9. On 23.04.2025, an endeavour will be made to finally hear and dispose of the
civil revision petition.
JUDGE
Comparing Assistant
