Radheshyam Gowala @ Yadav v. Jaduram Lekharu

ORDER

10.05.2024

Heard Mr. AR Shome, the learned counsel appearing on behalf of the applicant.

¶2This is an application under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short, the Code) for stay of the Execution Case No.06/2020 which has been filed pursuant to the judgment and decree passed by the learned Trial Court dated 17.12.2019 in Title Suit No.199/2012.

¶3Mr. AR Shome, the learned counsel appearing on behalf of the appellant/applicant submitted that if the execution proceedings are not stayed, the loss which will be occasioned to the applicant would be paramount and the same cannot be later on substituted by any decree of the Court.

¶4This Court having also taken note of that the appeal had been admitted by formulating the substantial questions of law is of the opinion that the Title Execution No.6/2020 is required to be stayed.

¶5Accordingly, the Title Execution No.6/2020 pending in the Court of the learned Munsiff No.1 Nagaon shall remain stayed till the disposal of the appeal.

¶6Interlocutory application, accordingly, stands disposed of.

JUDGE Page No.# 3/3 Comparing Assistant

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