Gitima Roy and 2 Ors v. Sabita Nath Sarma

ORDER

18.09.2024 Heard Mr. G.J. Saikia, learned counsel for the applicants.

¶2This interlocutory application, under Order XLI Rule 5 read with Section 151 of the C.P.C. is preferred by the applicants, for staying the operation of the impugned Judgment and Decree dated 16.08.2024, passed by the learned Additional District Judge No. 1, Kamrup (M) at Guwahati, in Title Appeal No. 14/2024.

¶3It is to be noted here that vide Judgment and Decree dated 16.08.2024, the learned Additional District Judge No. 1, Kamrup (M) at Guwahati has allowed the appeal filed by the respondent/defendant by reversing the Judgment and Decree dated 30.04.2024, passed by the learned Civil Judge (Senior Division) No. 2, Kamrup

(M) at Guwahati, in Title Suit No. 95/2015.

¶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 submissions of learned counsel for both the parties and also considering the documents placed on record, it is provided that the operation of the impugned Judgment and Decree dated 16.08.2024, passed by the learned Additional District Judge No. 1, Kamrup (M) at Guwahati, in Title Appeal No. 14/2024, is stayed, till disposal of the connected appeal.

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

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010187022024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2876/2024 GITIMAoROYoANDo2oORS W/OoPALLABoMEDHIoRESIDENToOFoVILLAGEoLUTUMAoLOKHARAoROADo POoBINOVAoNAGAR oPSoFATASIL oGUWAHATIo781018 oDISToKAMRUPoMoASSAM 2:oMOUSUMIoMITRA W/OoBISWAJIToMITRA oRESIDENToOFoVILLAGEoLALGANESHoTINIALI oSANTIoNAGAR oHOUSEoNO.o2oPOoLALGANESH oPSoFATASILoAMBARI oDISToKAMRUPoMoASSAM o3:oSUNITAoSAHA W/OoNAGENDRAoCHANDRAoSAHA oRESIDENToOFoHOUSEoNO.o42 o4THoBYEoLANEo oBHASKARoNAGAR oKALAPAHAR oPSoFATASILoAMBARI oGUWAHATIo781018 oDISToKAMRUPoMoASSAM oVERSUS SABITAoNATHoSARMA W/OoLATEoMONIoKANTAoNATHoSARMA oRESIDENToOFoHOUSEoNO.o506 o5THoFLOOR oBoBLOCKoMANARoELEGANCEoSOMEoSUNDARoPALLAYAoHSRo2NDoSECTOR oBANGALORE o560102 Page No.# 2/2 ------------ Advocate for : MR G J SAIKIA Advocate for : appearing for SABITA NATH SARMA BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN