On the Death of Majhi Bhenga His Legal Heirs, Smti. Chini Bhengra and Ors v. Jiten Bhengra and 2 Ors

PageoNo.#o1/3 GAHC010137012024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2079/2024o ONoTHEoDEATHoOFoMAJHIoBHENGAoHISoLEGALoHEIRS,oSMTI.oCHINIo BHENGRAoANDoORSo W/OoLATEoMAJHIoBHENGRA,oRESIDENToOFoAMOLAoPAM,oPOoNAPAM,oPSo TEZPUR,oOUTPOSToBORGHAT,oDISToSONITPUR,oASSAMo784028 2:oDHIRAJoBHENGRA oS/OoLATEoMAJHIoBHENGRA oRESIDENToOFoAMOLAoPAM oPOoNAPAM oPSoTEZPUR oOUTPOSToBORGHAT oDISToSONITPUR oASSAMo784028 3:oPAPUoBHENGRA oS/OoLATEoMAJHIoBHENGRA oRESIDENToOFoAMOLAoPAM oPOoNAPAM oPSoTEZPUR oOUTPOSToBORGHAT oDISToSONITPUR oASSAMo784028 4:oMD.oSAMARoALI oS/OoMD.oYAKUBoALI o RESIDENToOFoVILLAGEoKOROKANI oMOUZAoGOROIMARI oPOoNAPAM oPSoTEZPUR oDISToSONITPUR oASSAMo78400o VERSUSo Page No.# 2/3 JITEN BHENGRA AND 2 ORS S/O LATE SUKRAM BHENGRA RESIDENT OF VILLAGE AMOLA PAM, MOUZA HALLESWAR, PO NAPAM, PS TEZPUR, OUTPOST BORGHAT, DIST SONITPUR, ASSAM 784028 2:SMTI. BINA BHENGRA D/O LATE SUKRAM BHENGRA RESIDENT OF VILLAGE AMOLA PAM MOUZA HALLESWAR PO NAPAM PS TEZPUR OUTPOST BORGHAT DIST SONITPUR ASSAM 784028 3:SMTI PINKI BHENGRA D/O LATE SUKRAM BHENGRA RESIDENT OF VILLAGE AMOLA PAM MOUZA HALLESWAR PO NAPAM PS TEZPUR OUTPOST BORGHAT DIST SONITPUR ASSAM 78402 Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent :

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

16.07.2024

Heard Mr. M.U. Mahmud, learned counsel appearing for the applicants.

¶2This is an application under Order XLI Rule 5 of the Code of Civil Procedure read with Section 151 of the said Code for stay of the impugned judgment and order dated 17.02.2024 Page No.# 3/3 passed by the learned District Judge, Sonitpur at Tezpur in Title Appeal No.03/2021 whereby the judgment dated 12.12.2018 passed by the learned Civil Judge, Sonitpur at Tezpur in Title Suit No.07/2015 was upheld.

¶3The connected Regular Second Appeal has been admitted for hearing. Said appeal has been filed challenging he aforesaid judgments passed by the learned District Judge as well as learned Civil Judge.

¶4It has been submitted by Mr. Mahmud that in the absence of stay order, the opposite parties have entered into the suit land and caused damage to a C.I. sheet house.

¶5Since the appeal has already been admitted for hearing, the impugned judgments are stayed and the opposite parties are directed not to change the nature and character of the suit land till disposal of the connected appeal (RSA No.93/2024). With the aforesaid direction, the I.A. stands disposed of.

JUDGE Comparing Assistant