Brojen Roy @ Brojendra Ch Roy v. Nikunja Roy

ORDER

09.09.2024 Heard Mr. B.J. Mukherjee, learned counsel for the applicant.

¶2This interlocutory application, under Order XLI Rule 5 of the C.P.C. is preferred by the applicant, for staying the operation of the impugned Judgment and Decree Page No.# 2/2 dated 16.05.2024, passed by the learned Civil Judge (Senior Division), Lakhimpur, in Title Appeal No. 05/2023.

¶3It is to be noted here that vide Judgment and Decree dated 16.05.2024, the learned Civil Judge (Senior Division), Lakhimpur has dismissed the appeal by upholding the Judgment and Decree dated 31.05.2023, passed by the learned Munsiff No. 1, North Lakhimpur, Lakhimpur, in Title Suit No. 17/2017.

¶4It is also to be noted here that the connected appeal has already been admitted and the records have already been called for.

¶5Having considered the submissions of learned counsel for the applicant and also considering the documents placed on record, it is provided that the operation of the impugned Judgment and Decree dated 16.05.2024, passed by the learned Civil Judge (Senior Division), Lakhimpur, in Title Appeal No. 05/2023, is stayed, till disposal of the connected appeal.

¶6In terms of above, this I.A. stands closed.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010170552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2705/2024 BROJEN ROY @ BROJENDRA CH ROY S/O LATE PRASANNA ROY RESIDENT OF VILLAGE KONWARPUR MOUZA NOWBOICHA PS LALUK DIST LAKHIMPUR ASSAM VERSUS NIKUNJA ROY S/O LATE PRASANNA ROY RESIDENT OF VILLAGE HARIBAR DOLONI MOUZA NOWBOICHA PS LALUK DIST LAKHIMPUR ASSAM ------------ Advocate for : MR. B J MUKHERJEE Advocate for : appearing for NIKUNJA ROY BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN