Pakter Koyu Marde v. Smti Kipa @ Gyamar Yaniang

ORDER Date : 28-10-2024 Heard Mr. G. Kato, learned counsel for the applicant. Also heard Mr. K. Posi, learned counsel for the respondent.

¶2The connected appeal being RFA 06 (AP)/2023 has already been admitted by this Court by its order dated 18.07.2024.

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¶3The present application is filed for stay of the judgment and decree which is under challenge in RFA 06(AP)/2023. The Title Suit No.36/2017 was filed by the plaintiff appellant and suit was decreed to the extent that the petitioner is liable to pay an amount of Rs.20,40,750/-(Rupees twenty lakhs forty thousand seven hundred fifty only) to the defendant respondent. The basic grievance of the petitioner is that the amount should have been Rs. 12 lakhs instead of Rs.20,40,750/-(Rupees twenty lakhs forty thousand seven hundred fifty only).

¶4That being the position, considering the matter in its entirety, this Court is of the view that end of justice would be met, if the impugned judgment and decree dated 16.05.2023, passed by the learned Civil Judge (Senior Division), Yupia be suspended subject to deposit of Rs.12 lakhs by the petitioner before the Registry within a period of 4(four) weeks from today.

¶5Order accordingly.

¶6In view of the aforesaid, interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC040010542024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/133/2024 Pakter Koyu Marde Wife of Shri Takar Marde, Resident of H Sector, Near Arunadaya School, Itanagar, PO/PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS Smti Kipa @ Gyamar Yaniang Wife of Shri Gyamar Makeng, Secretary Polo Colony Dene Ajin Fund, Naharlagun, PO/PS Naharlagun, Papum Pare District, Arunachal Pradesh. Advocate for the Petitioner : G Kato, Pekyum Tamin Advocate for the Respondent : K Posi, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY