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2025 DAILYLAW 16087 (GAU)

ABDUL KALAM AHMED v. MRS. SHIRIN ASHRAF CHOUDHURY

I.A.(Civil)/2666/2024 · 2025-05-13

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010155742024 2025:GAU-AS:5972 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2666/2024 ABDUL KALAM AHMED S/O LATE MD. HASMAT ALI R/O BARSAJAI NEAR KHANKAH P.S. BASISTHA GUWAHATI. VERSUS MRS. SHIRIN ASHRAF CHOUDHURY W/O ALI AHMED CHOUDHURY R/O TARUN AGAR BYE LANE NO. 1 DIST KAMRUP GUWAHATI-5 ------------ Advocate for : MR H BHUYAN Advocate for : MR. I CHOUDHURY appearing for MRS. SHIRIN ASHRAF CHOUDHURY BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 14-05-2025 Heard learned counsel Md. H. Bhuyan for the applicant and learned Page No.# 2/2 counsel Mr. I. Choudhury for the opposite party. 2. The applicant has filed this application under Order XLI Rule 5 read with Section 151 of Code of Civil Procedure, 1908 praying for stay of the judgment and decree dated 10.11.2010 passed by the learned Civil Judge Junior Division No. 2, Kamrup (M) in Title Suit No. 933/2006. 3. Learned counsel for the opposite party has no objection. 4. It is submitted that the applicant may suffer irreparable loss if the aforementioned judgment and decree is not stayed by this Court as the judgment has been erroneously passed by the Trial Court. It is submitted that the applicant has a good ground and his appeal is likely to succeed. 5. Considering the submissions at the bar, the judgment and decree dated 10.11.2010 passed by the learned Civil Judge Junior Division No. 2, Kamrup (M) in connection with Title Suit No. 933/2006 is stayed until further orders. 6. In terms of the above observation, this interlocutory application stands disposed of. JUDGE Comparing Assistant