Page No.# 1/2 GAHC010159122025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2267/2025 MAHADEV KIRTONIA AGED ABOUT 52 YEARS SON OF LATE NARAYAN KIRTONIA RESIDENT OF BELTOLA, GUWAHATI- 29, DISTRICT KAMRUP (M), ASSAM VERSUS SRI CHANDRA SARKAR SON OF LATE SUREN SARKAR RESIDENT OF BELTOLATINIALI BAZAR, GUWAHATI, ASSAM, PIN - 781028 Advocate for the Petitioner : MR. K KALITA, MS. N BARMAN,MS. H BEGUM,MR. D NATH Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 23.07 .2025 Heard Mr. D. Nath, learned counsel for the applicant. This application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, the applicant has prayed for staying the impugned judgment and decree dated 29.11.2022 passed in Title Suit No.112/2015 and further proceeding of Title Execution Page No.# 2/2 Case No.9/2024 along with the order passed on 03.07.2025 by the learned Civil Judge (Jr. Division) No.1, Kamrup(M), Guwahati, in Title Execution Case No.9/2024 till disposal of the RSA No.119/2024. Mr. Nath, learned counsel for the applicant submits that the connected RSA has already been admitted by this Court after formulating substantial question of law and notice has already been issued to the respondent and the record has also been called for and as such, there is a requirement for staying the operation of the impugned judgment and decree dated 29.11.2022 passed in Title Suit No.112/2015 and further proceeding of Title Execution Case No.9/2024. Since the connected regular second appeal has already been admitted for hearing and record has already been called for and notice has already been issued to the respondent and since execution proceeding has already been initiated before the learned Executing Court, being Title Execution Case No.9/2024, there is a requirement for staying the impugned judgment and decree dated 29.11.2022 passed in Title Suit No.112/2015 and also further proceeding of Title Execution Case No.9/2024 and accordingly, this interlocutory application stands allowed. Accordingly, operation of the impugned judgment and decree dated 29.11.2022 passed in Title Suit No.112/2015 and further proceeding of Title Execution Case No.9/2024 along with the order dated 03.07.2025 passed by the learned Civil Judge (Jr. Division) No.1, Kamrup(M), Guwahati, in Title Execution Case No.9/2024, stand stayed, till disposal of the RSA No.119/2024. Comparing Assistant Sd/- Robin Phukan JUDGE