Page No.# 1/3 GAHC010172232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2520/2025 NURUL ISLAM AND 2 ORS. S/O. LT. MUSLEMUDDIN AHMED 2: NASIR UDDIN S/O. LT. MUSLEMUDDIN AHMED 3: FARIDA BEGUM W/O. LT. MUSLEMUDDIN AHMED ALL ARE R/O. VILL.- AMBARI MOUZA-GHILAZARI P/O. BARPETA DIST. BARPETA ASSAM VERSUS ABDUR RAHIM AND 4 ORS. S/O. SHOMESH UDDIN R/O. AMBARI, MOUZA- GHILAZARI, P/O. AND DIST. BARPETA, ASSAM 2:PRADIP KUMAR NATH S/O. GOPAL NATH R/O. NATH HOTEL HOWLY TOWN WARD NO. 2 MOUZA-GHILAZARI P/S. AND DIST. BARPETA ASSAM 3:AJIT KUMAR NATH S/O. GOPAL NATH R/O. NATH HOTEL HOWLY TOWN WARD NO. 2 Page No.# 2/3 MOUZA-GHILAZARI P/S. AND DIST. BARPETA ASSAM 4:KISHORE KUMAR NATH S/O. DHARANI NATH R/O. TARANI DAS COMPLEX HOWLY TOWN WARD NO. 4 MOUZA-GHILAZARI P/S. AND DIST. BARPETA ASSAM 5:GITAMONI NATH W/O. KISHORE KUMAR NATH R/O. TARANI DAS COMPLEX HOWLY TOWN WARD NO. 4 MOUZA-GHILAZARI P/S. AND DIST. BARPETA ASSA Advocate for the Petitioner : MR. M GOGOI, MR. S U AHMED,MR. N DEKA,MR M AHMED Advocate for the Respondent : , H G DAISY,R BEGUM,MS A HUSSAIN,FOR CAVEATOR BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 14.08.2025 Heard Mr. N. Deka, learned counsel for the applicants and Mr. J. Ahmed, learned counsel for the opposite parties. 2. This application, under Order XLI Rule 5 read with Order XXXIX Rules 1 and 2 of the CPC, is preferred by the applicants for staying the operation of the judgment and decree dated 15.07.2025, passed by the learned Civil Judge (Senior Division), Barpeta (first appellate court hereinafter), in Title Appeal No. 42/2024. Page No.# 3/3 3. Mr. Deka, learned counsel for the applicants submits that the connected appeal has already been admitted by this court and notice has been issued to the respondents/opposite parties herein and the record has also been called for. But, in the meantime, the respondents/opposite parties herein have instituted one execution proceeding, being Title Execution Case No. 39/2025 and as such, there is a requirement of staying the operation of the impugned judgment and decree dated 15.07.2025, till disposal of the connected appeal. 4. On the other hand, Mr. Ahmed, learned counsel for the opposite parties, however, opposed the petition. 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record. 6. It appears that the connected appeal has already been admitted for hearing, after framing of substantial questions of law and the record has also been called for and as such, there is a requirement of staying the operation of the impugned judgment and decree dated 15.07.2025, passed by the learned first appellate court, in Title Appeal No. 42/2024. 7. Accordingly, taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, the operation of judgment and decree dated 15.07.2025, passed by the learned first appellate court, in Title Appeal No. 42/2024, stands stayed, till disposal of the connected appeal, i.e. RSA No. 122/2025. 8. In terms of above, this interlocutory application stands closed. JUDGE Comparing Assistant