Dayamoy Deb v. Dharani Kumar Deb and 5 Ors

ORDER

25.09.2024

Heard Mr. A.U. Choudhury, learned counsel for the applicant.

¶2This interlocutory application, under Order 41 Rule 5 of the C.P.C. is preferred by the applicant, for staying the operation of the impugned Judgment and Order dated 31.10.2023, passed by the learned Additional District Judge, Hailakandi, in Title Appeal No. 01/2022

¶3It is to be noted here that vide impugned Judgment and Order dated

31.10.2023, passed by the learned Additional District Judge, Hailakandi, in Title Appeal No. 01/2022 has upheld the Judgment and Decree dated 03.12.2018, passed Page No.# 3/3 by the learned Civil Judge, Hailakandi, in Title Suit No. 28/2016.

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

¶5Having considered the submission 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 Order dated 31.10.2023, passed by the learned Additional District Judge, Hailakandi, in Title Appeal No. 01/2022, is stayed, till disposal of the connected appeal.

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

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010026792024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooI.A.(Civil)/2805/2024 DAYAMOYoDEB S/OoLATEoDHIRENDRAoKUMARoDEB oRESIDENToOFoHAILAKANDIoTOWNoWARDoNO.o6 oPO oPSoANDoDISToHAILAKANDI oASSAM o788151 oVERSUS DHARANIoKUMARoDEBoANDo5oORS S/OoLATEoDHIRENDRAoKUMARoDEB oRESIDENToOFoHAILAKANDIoTOWNoWARDoNO.o6 oPO oPSoANDoDISToHAILAKANDI oASSAM o788151 2:SHANKARoSHEEL S/OoLATEoHARIPADAoSHEEL oRESIDENToOFoHAILAKANDIoTOWNoWARDoNO.o6 oPO oPSoANDoDISToHAILAKANDI oASSAM o788151 o3:BIJAYoKRISHNAoBHATTACHARJEE S/OoLATEoDHIRENDRAoKUMARoBHATTACHARJEE oRESIDENToOFoHAILAKANDIoTOWNoWARDoNO.o8 oPO oPSoANDoDISToHAILAKANDI oASSAM o788152 Page No.# 2/3 4:PRADIP KUMAR CHAKRABORTY S/O LOKENDRA MOHAN CHAKRABORTY RESIDENT OF HAILAKANDI TOWN WARD NO. 8 PO PS AND DIST HAILAKANDI ASSAM 788152 5:RINA CHAKRABORTY W/O JYOTIRMOY CHAKRABORTY RESIDENT OF ULUBARI GUWAHATI ASSAM 781007 6:MUNICIPAL CHAIRPERSON HAILAKANDI BOARD HAILAKANDI ASSAM PO PS AND DIST HAILAKANDI ASSAM 788151 ------------ Advocate for : MR. R A CHOUDHURY Advocate for : appearing for DHARANI KUMAR DEB AND 5 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN