Noor Islam v. Isub Ali and Anr

ORDER

30.09.2024

¶1Heard Mr. P. Mahanta, learned counsel for the applicant. Also heard Mr. Page No.# 3/3 P. Sundi, learned counsel appearing for opposite parties/respondents.

¶2This application under Order XLI Rule 5 of the Code of Civil Procedure, 1908 has been filed for staying the execution of the impugned judgment dated

25.08.2023, passed in Title Appeal No. 14/2022, by the learned Civil Judge, Senior Division, Sonitpur, Tezpur.

¶3I have heard the learned counsel for both the sides.

¶4The applicant has impugned the aforesaid judgment by filing a connected regular second appeal, which has been registered as RSA No. 159/2024.

¶5In the said appeal substantial question(s) of law has been formulated and same has been admitted and notices are issued to the parties and records are also called for.

¶6In view of the above, the further proceeding of Title Execution Case No. 05/2024, pending before the Court of learned Civil Judge, Junior Division No. 1, Sonitpur, Tezpur shall remain stayed, till the pendency of the connected second appeal.

¶7This Interlocutory Application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010008732024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:o Caseo:oI.A.(Civil)/2587/2024 NOORoISLAM S/OoLATEoJAINUDDIN oRESIDENToOFoVILLAGEoGOTLONG oPOoKALIABHOMORA oMOUZAoBHAIRABPAD oPSoTEZPUR oDIST.oSONITPUR oASSAM o784027 oVERSUS ISUBoALIoANDoANR. S/OoLATEoJAINUDDIN oRESIDENToOFoVILLAGEoGOTLONG oPOoKALIABHOMORA oMOUZAoBHAIRABPAD oPSoTEZPUR oDIST.oSONITPUR oASSAM o784027 2:MD.oSHAIRABoALI S/OoLATEoJAINUDDIN oRESIDENToOFoVILLAGEoGOTLONG oPOoKALIABHOMORA oMOUZAoBHAIRABPAD oPSoTEZPUR oDIST.oSONITPUR oASSAM o784027 o------------ Page No.# 2/3 Advocate for : MR. P MAHANTA Advocate for : appearing for ISUB ALI AND ANR. In RSA/159/2024 NOOR ISLAM S/O LATE JAINUDDIN, RESIDENT OF VILLAGE GOTLONG, PO KALIABHOMORA, MOUZA BHAIRABPAD, PS TEZPUR, DIST. SONITPUR, ASSAM, 784027 VERSUS ISUB ALI AND ANR. S/O LATE JAINUDDIN, RESIDENT OF VILLAGE GOTLONG, PO KALIABHOMORA, MOUZA BHAIRABPAD, PS TEZPUR, DIST. SONITPUR, ASSAM, 784027 2:MD. SHAIRAB ALI S/O LATE JAINUDDIN RESIDENT OF VILLAGE GOTLONG PO KALIABHOMORA MOUZA BHAIRABPAD PS TEZPUR DIST. SONITPUR ASSAM 78402 Advocate for the Petitioner : MR. P MAHANTA, C SARMA,V KHAKHALARY,MS. P SAHARIA Advocate for the Respondent : MR. P SUNDI, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA