Gauhati High Court

Page No.# 1/2 vs Mrs Shirin Ashraf Choudhury And Anr on 14 May, 2025

                                                                         Page No.# 1/2

GAHC010155742024




                                                                   2025:GAU-AS:5972

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

                                Case No. : I.A.(Civil)/2665/2024

            RAFIAT ALI
            S/O LATE MD. DUBAR ALI, R/O VILL. BARSAJAI, NEAR KHANKAH, P.S.
            BASISTHA, GUWAHATI, DIST KAMRUP



            VERSUS

            MRS SHIRIN ASHRAF CHOUDHURY and ANR
            W/O ALI AHMED CHOUDHURY, R/O TARUN AGAR, BYE LANE NO. 1, DIST
            KAMRUP, GUWAHATI-5

            2:ABDUL KALAM AHMED

             S/O LATE MD. NAMMAT ALI
             R/O VILL BARSAJAI
             NEAR KHANKAH
             P.S. BASISTHA
             GUWAHATI
             DIST KAMRU

Advocate for the Petitioner   : MR A ISLAM, MR B KALITA,MS F RAHMAN

Advocate for the Respondent : MR P S DEKA, MD.H BHUYAN(R-2),MR.I CHOUDHURY(R-1)

                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

Date : 14-05-2025

Heard learned counsel Ms. S. Barman for the applicant; learned counsel Page No.# 2/2

Mr. I. Choudhury for the opposite party No. 1 and learned counsel Md. H. Bhuyan for the opposite party No. 2.

2. The applicant has filed this application under Order XLI Rule 5 read with Section 151 of Code of Civil Procedure, 1908 praying for stay of the judgment and decree dated 10.11.2010 passed by the learned Civil Judge Junior Division No. 2, Kamrup (M) in Title Suit No. 933/2006.

3. Learned counsel for the opposite parties have no objection.

4. It is submitted that the applicant may suffer irreparable loss if the aforementioned judgment and decree is not stayed by this Court as the judgment has been erroneously passed by the Trial Court. It is submitted that the applicant has a good ground and his appeal is likely to succeed.

5. Considering the submissions at the bar, the judgment and decree dated 10.11.2010 passed by the learned Civil Judge Junior Division No. 2, Kamrup (M) in connection with Title Suit No. 933/2006 is stayed until further orders.

6. In terms of the above observation, this interlocutory application stands disposed of.

JUDGE

Comparing Assistant