Sukram Swargiary vs Lakhi Kanta Mahilary
2025 Latest Caselaw 8125 Gua

Gauhati High Court

Sukram Swargiary vs Lakhi Kanta Mahilary on 29 October, 2025

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GAHC010236082024




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

                          Case No. : I.A.(Civil)/2399/2025

         SUKRAM SWARGIARY
         S/O LATE MAHENDRA SWARGIARY @ BHABLA SWARGIARY
         RESIDENT OF VILLAGE CHOUDHURITUP PO KAREMURA
         PS MUSHALPUR
         DIST BAKSA BTR
         ASSAM 781355

          VERSUS

         LAKHI KANTA MAHILARY
         S/O LATE BARUMAL MAHILARY RESIDENT OF VILLAGE BAGRIBARI
         PO MUSHALPUR
         DIST BAKSA
         BTRA
         ASSAM 781366

         2:SIMANJOY BASUMATARY
         S/O KANAK BASUMATARY

         RESIDENT OF VILLAGE MUSHALPUR
         DIST BAKSA
         BTR ASSAM 781377

         3:GAUTAM RAMCHIARY
         S/O LATE DANESWAR RAMCHIARY
         RESIDENT OF VILLAGE BAGRIBARI
         PS MUSHALPUR
         DIST BAKSA BTR
         ASSAM 781366
         ------------
         Advocate for : MR. A PAUL
         Advocate for : appearing for LAKHI KANTA MAHILARY
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                                  BEFORE
                HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : 29.10.2025

1. Heard Mr. A. Paul, the learned counsel appearing for the applicant/appellant. Also heard Mr. M. Rana, the learned counsel for the opposite party.

2. This Interlocutor Application has been filed by the applicant/appellant praying for staying the proceeding of the Money Execution Case No.09/2024 pending in the Court of the learned Civil Judge (Jr. Division), Baksa.

3. The learned counsel for the applicant/appellant has submitted that the applicant has preferred the connected Regular Second Appeal No. 210/2024 impugning the judgment of the First Appellate Court and the said appeal has been admitted and has been listed for hearing on 02.12.2025.

4. In view of the same, the learned counsel for the applicant/appellant prays for staying the proceeding of the aforementioned execution case.

5. The learned counsel for the respondent on the other side submits that the respondent may be allowed to file a written objection against the prayer for the stay.

6. The prayer is allowed.

7. Let this matter be listed on 02.12.2025.

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8. In the meanwhile, as the connected Regular Second Appeal has been admitted and has been fixed for hearing and the further proceeding of the Title Execution Case No.09/2024 shall remain stayed till the next returnable date.

JUDGE

Comparing Assistant