Hamid Ali and Anr v. Jarina Bidhava and 4 Ors

ORDER

16.09.2024 Heard Mr. L. Talukdar, learned counsel for the applicants. This application under Order XLI Rule 5, read with Section 151 of the Code of Civil Page No.# 3/3 Procedure, 1908, is preferred by the applicants for staying execution of the impugned judgment and decree dated 15.02.2024 passed by the learned Civil Judge (Senior Division), Barpeta, in Title Appeal No.01/2022, by which the learned Civil Judge (Senior Division), Barpeta, has upheld the decree dated 25.11.2021 passed by the learned Munsiff No.1, Barpeta, in Title Suit No.105/2011. Mr. Talukdar, learned counsel for the applicants submits that the applicants have preferred the connected appeal, which has already been admitted by this Court and notice has been issued to the respondents and the record has also been called for and till disposal of the present appeal, Mr. Talukdar contended that execution of the impugned judgment and decree dated 15.02.2024 passed by the learned Civil Judge (Senior Division), Barpeta, in Title Appeal No.01/2022, may be stayed. Having heard the submission of learned counsel for the applicants and also considering the facts and circumstances on the record, this Court is inclined to allow this I.A. Accordingly, till disposal of the appeal, execution of the impugned judgment and decree dated 15.02.2024 passed by the learned Civil Judge (Senior Division), Barpeta, in Title Appeal No.01/2022, stands stayed. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/3 GAHC010094892024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1546/2024oinoRSA/84/2024o HAMIDoALIoANDoANR S/OoHAJRAToALI oRESIDENToOFoVILLAGEoKUMULLIPARA oMOUZAoGHILAZARI oPOoANDoDIST.oBARPETA ASSAM o781314 2:oRUKIYAoKHATUN D/OoHAJRAToALI o RESIDENToOFoVILLAGEoKUMULLIPARA oMOUZAoGHILAZARI oPOoANDoDIST.oBARPETA ASSAM o781314 oVERSUS JARINAoBIDHAVAoANDo4oORS W/OoKAYEMoKHANDAKAR oRESIDENToOFoVILLAGEoKUMULLIPARA oMOUZAoGHILAZARI oPOoANDoDIST.oBARPETA ASSAM o781314 2:EKANoALI S/OoKAYEMoKHANDAKAR o RESIDENToOFoVILLAGEoKUMULLIPARA oMOUZAoGHILAZARI Page No.# 2/3 PO AND DIST. BARPETA ASSAM 781314 3:HANUFA BEGUM D/O LATE KAYEM KHANDAKAR RESIDENT OF VILLAGE KUMULLIPARA MOUZA GHILAZARI PO AND DIST. BARPETA ASSAM 781314 4:AIMONA BIDHAVA D/O LATE KALU KHANDAKAR RESIDENT OF VILLAGE KUMULLIPARA MOUZA GHILAZARI PO AND DIST. BARPETA ASSAM 781314 5:RUSTAM ALI S/O LATE AYMONA BIHAVA RESIDENT OF VILLAGE KUMULLIPARA MOUZA GHILAZARI PO AND DIST. BARPETA ASSAM 781314 ------------ Advocate for : MR. L TALUKDAR Advocate for : appearing for JARINA BIDHAVA AND 4 ORS BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN