Page No.# 1/3 vs Chouren Mia
2025 Latest Caselaw 8129 Gua

Gauhati High Court

Page No.# 1/3 vs Chouren Mia on 29 October, 2025

                                                                   Page No.# 1/3

GAHC010015272025




                                                            undefined

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

                         Case No. : I.A.(Civil)/2465/2025


         LAIHAU BIBI AND 5 ORS
         W/O. MD. JIA UDDIN

         2: LAIMAHAL BEGUM CHOUDHURY
         W/O. MD. ABDUL HUSSAIN CHOUDHURY

         3: ABDUL HUSSIN CHOUDHURY
         SON OF LATE HABIBUR RAHMAN CHOUDHURY

         4: ABDUL JALIL
         SON OF LATE HAUREL MIA

         5: ABDUL WAHID
         SON OF LATE HAUREL MIA

         6: MANAM MIA
         SON OF LATE HAUREL MIA

         ALL RESIDENT OF NIZ-BANSKANDI
         PART-III
         PO BANSKANDI
         PS LAKHIPUR
         DISTRICT CACHAR
         ASSAM
         VERSUS

         CHOUREN MIA
         S/O. LT. KARIM UDDIN
         VILL.- NIZ BANSKANDI PART-III
         P/O. BANSKANDI
         P/S. LAKHIPUR
         DIST. CACHAR
         ASSAM.
                                                                        Page No.# 2/3



           ------------
           Advocate for : MR. T SK
           Advocate for : MR. S B LASKAR appearing for CHOUREN MIA



                                  In
                                       RSA Case No. 120/2025

                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

29.10.2025

1. Heard Mr. T. Sk, the learned counsel for the applicants. Also heard Mr. H.A. Laskar, the learned counsel for the sole respondent.

2. This interlocutory application has been filed by the applicant/appellants under Order 41 Rule 5 of the Code of Civil Procedure, 1908 praying for stay of the execution of the judgment and decree dated 28.11.2024, passed in Title Appeal No. 03/2023, by the Court of the learned Civil Judge (Senior Division) No. 2, Silchar, Cachar.

3. The learned counsel for the applicants has submitted that the aforesaid judgment has been impugned by the present applicants by filing a regular second appeal which has been numbered as RSA No. 120/2025.

4. He further submits that the said appeal has already been admitted and fixed for final hearing in the first week of December, 2025. He also submits that as the respondent has already filed title execution case for execution of the impugned decree, the execution of the same may be stayed, during the pendency of the connected appeal.

5. The learned counsel for the sole respondent does not oppose the Page No.# 3/3

prayer since the connected regular second appeal has been fixed for final hearing in the first week of December, 2025.

6. Considering the submissions made by the learned counsel for both sides, the execution of the impugned judgment and decree dated 28.11.2024, passed in Title Appeal No. 03/2023, whereby it affirmed the judgment and decree dated 20.03.2023, passed in Title Suit No. 13/2017 by the Court of the learned Munsiff, Lakhipur, Cachar is hereby stayed till the pendency of the connected regular second appeal No. 120/2025.

7. With the above observations, this interlocutory application is disposed of.

JUDGE

Comparing Assistant