Page No.# 1/3 GAHC010109902024 2025:GAU-AS:4453 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1681/2024 MINATI KALITA W/O LATE TAPAN KALITA @ MANTU RESIDENT OF GANDHI BASTI, NATUN SARANIA, PS CHANDMARI, GUWAHATI, DIST. KAMRUP (M), ASSAM, 781003 VERSUS BHARAT CHANDRA DAS AND 3 ORS S/O LATE ARABINDA BARMAN, RESIDENT OF 402, 4TH FLOOR, BLOCK D, HOUSEFED APARTMENT, JAWAHARNAGAR, TRIPURA ROAD, GUWAHATI 29, DIST KAMRUP M ASSAM 2:SMTI. SASHI PRAVA BARMAN (KALITA) W/O GHANA KANTA BARMAN RESIDENT OF HATIGAON HOUSING COLONY NEAR HATIGAON POLICE STATION PS HATIGAON GUWAHATI 38 KAMRUP M ASSAM 3:SMTI. NAMITA KALITA W/O SRI DILIP KALITA RESIDENT OF SATGAON (BSNL COLONY) GUWAHATI 27 DIST KAMRUP M ASSAM 4:SMTI ANUPAMA DAS (KALITA) @ SMTI ANU DAS KALITA W/O SRI BHARAT CHANDRA DAS RESIDENT OF 402 4TH FLOOR BLOCK D HOUSEFED APARTMENT JAWAHARNAGAR TRIPURA ROAD GUWAHATI 29 Page No.# 2/3 DIST KAMRUP M ASSA Advocate for the Petitioner : L K BORAH, Advocate for the Respondent : MR N ALAM, MR K JAIN (R2-R4) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 09.04.2025 Heard Mr. L.K. Borah, learned counsel for the applicant and Mr. N. Alam, learned counsel for the opposite parties. 2. This interlocutory application is preferred by the applicant under Order 41 Rule 5 read with Section 151 of the CPC, for staying the operation of the impugned judgment dated 10.07.2023 and decree dated 31.07.2023, passed by the learned Additional District Judge No. 3, FTC, Kamrup (M) at Guwahati, in Probate Title Suit No. 07/2019. 3. Mr. Borah, learned counsel for the applicant submits that the Testamentary Appeal No. 08/2023 is pending before this court and that till disposal of the same, the impugned judgment dated 10.07.2023 and decree dated 31.07.2023, may be stayed as he is being pressurized by the learned Civil Judge No. 3, Kamrup (M) at Guwahati, wherein the original partition suit is pending for preparation of final decree. 4. On the other hand, Mr. Alam, learned counsel for the opposite parties submits that the learned trial court had kept the proceeding in abeyance, in view of the pendency of the Testamentary Appeal No. 08/2023 before this court. 4.1. Mr. Alam undertakes that the opposite parties will not pursue the matter Page No.# 3/3 till disposal of the Testamentary Appeal No. 08/2023. 5. Having considered the submissions of learned counsel for both the parties, instead of passing an order in the I.A.(Civil) No. 1681/2024, it is decided to hear the Testamentary Appeal No. 08/2023 on merit. 6. Accordingly, it is provided that the registry shall list the Testamentary Appeal No. 08/2023 for hearing on 06.05.2025. 7. In terms of above this IA stands closed. JUDGE Comparing Assistant