Smti. Lavita Das vs Smti. Tanya Seth
2026 Latest Caselaw 36 Gua

Gauhati High Court

Smti. Lavita Das vs Smti. Tanya Seth on 5 January, 2026

                                                                Page No.# 1/2

GAHC010050042025




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




         I.A.(Civil)/4188/2025

         SMTI. LAVITA DAS
         W/O LT. KAUSHIK DAS
         R/O NATUNPARA
         WARD NO 5
         MANGALDOI
         P.O AND P.S- MANGALDOI
         DIST- DARRANG
         ASSAM
         PIN- 784125


          VERSUS

         SMTI. TANYA SETH
         W/O SAMAR BIKRAM SETH
         R/O QTR. NO AM72
         RLY
         WEST COLONY
         P.O AND P.S- NEW BONGAIGON
         DIST- BONGAIGAON
         ASSAM
         PIN- 783385


         ------------
         Advocate for : MR. T R SARMA
         Advocate for : appearing for SMTI. TANYA SETH
                                                                         Page No.# 2/2




                                 BEFORE
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

Date : --05.01.2026

Heard Mr. T.R. Sarma, the learned counsel for the appellant/applicant.

This is an application under Order XLI Rule 5 CPC for stay of the judgment & decree dated 21.01.2025 passed by the learned Civil Judge (Sr. Division) No. 3, Kamrup (M) in Title Suit No. 19/2023.

It is submitted by Mr. Sarma that the decree was passed on the basis of the document which cannot be considered as a Sale Deed and it was merely a Sale Agreement. However, as the case proceeded ex-parte the present applicant/appellant could not take stand in this case. It is further submitted that if the execution is proceeded, prejudice may be caused to the present appellant/applicant and prayed that execution of judgment & decree dated 21.01.2025 be stayed till disposal of the connected RFA 80/2025.

Considering the submission made by the learned counsel for the appellant, the execution of judgment & decree dated 21.01.2025 is stayed till disposal of the connected RFA 80/2025.

With the above observations, the present IA stands disposed of.

JUDGE

Comparing Assistant