Legal Heirs of Lt Ganesh Chandra Barman Biku Chandra Barman and Ors v. Nagen Chandra Roy Bepari

ORDER Date : 12.08.2024 Heard Ms. B. Hazarika, learned counsel for the applicants. Also heard Ms. T. Baruah, learned counsel for the respondent. This application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the applicants/appellants praying for stay of the execution of the impugned judgment and decree dated 07.03.2024 passed by the learned Civil Judge (Sr. Division), Dhubri in Title Appeal No. 8/2023, whereby the judgment and decree passed by the learned Munsiff No. 1, Dhubri, in Title Suit No. 391/2004 on 25.05.2023 was affirmed. The learned counsel for the applicants has submitted that the connected regular second appeal has already been admitted and two substantial question of law have also been formulated in the said appeal and, hence, she has prayed Page No.# 3/3 for allowing the instant application and staying the execution of the impugned judgment during pendency of the connected Regular Second Appeal No. 98/2024. On the other hand, learned counsel for the opposite party/respondent has submitted that as the connected appeal has already been admitted and substantial question of law were already formulated in the main appeal, she has no objection if the petition is filed by the applicants/appellants is allowed. In view of the submissions made by the learned counsel for the respondent and in view of the fact that the connected appeal has already been admitted and substantial question of law have also been formulated in this case, the execution of impugned judgment and decree dated 07.03.2024 which has been impugned in the connected Regular Second Appeal No. 98/2024 is hereby stayed during the pendency of the aforesaid appeal. This interlocutory application is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010113932024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1748/2024o LEGALoHEIRSoOFoLToGANESHoCHANDRAoBARMANoBIKUoCHANDRAo BARMANoANDoORSo SONo RESIDENToOFoKAIMARIoPARToI,oPOoANDoPSoKAIMARI,oPSoGOLAKGANJ,o DISToDHUBRI,oASSAMo783335 2:oDIPANKARoBARMAN oSONo RESIDENToOFoKAIMARIoPARToI oPOoANDoPSoKAIMARI oPSoGOLAKGANJ oDISToDHUBRI oASSAMo783335 3:oAPUoCHANDRAoBARMAN oSONo RESIDENToOFoKAIMARIoPARToI oPOoANDoPSoKAIMARI oPSoGOLAKGANJ oDISToDHUBRI oASSAMo783335 4:oSOMAoBARMAN oDAUGHTERo RESIDENToOFoKAIMARIoPARToI oPOoANDoPSoKAIMARI oPSoGOLAKGANJ oDISToDHUBRI oASSAMo783335 5:oHEMLATAoBARMAN oWIFEo RESIDENToOFoKAIMARIoPARToI oPOoANDoPSoKAIMARI Page No.# 2/3 PS GOLAKGANJ DIST DHUBRI ASSAM 78333 VERSUS NAGEN CHANDRA ROY BEPARI RESIDENT OF KAIMARI PART I, PO AND PS KAIMARI, PS GOLAKGANJ, DIST DHUBRI, ASSAM 783335 Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA,MS F N ZAMAN Advocate for the Respondent : MS. P BHATTACHARYA, MR. K BHATTACHARJEE,MS. A BARMAN,MS T BARUAH BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA