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2025 DAILYLAW 19017 (GAU)

HEMEN DAS v. PUTUMONI DAS

I.A.(Civil)/588/2025 · 2025-04-20

Devashis Baruah

body2025

Judgment text

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Page No.# 1/2 GAHC010202782024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/588/2025 HEMEN DAS S/O LATE HARKUMAR DEB RESIDENT OF SIBNAGAR BORJHAR AIRPORT PO AND PS AZARA DIST KAMRUP M ASSAM 781017 VERSUS PUTUMONI DAS W/O BIPUL CHANDRA DAS RESIDENT OF SIBNAGAR BORJHAR AIRPORT PO AND PS AZARA DIST KAMRUP M ASSAM 781017 2:SRI BIPUL CHANDRA DAS S/O LATE HARKUMAR DEB RESIDENT OF SIBNAGAR BORJHAR AIRPORT PO AND PS AZARA DIST KAMRUP M ASSAM 781017 ------------ For the Applicant(s) : Mr. P.P. Das, Advocate For the Respondent(s) : Mr. P. Kalita, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Page No.# 2/2 Date : 21.04.2025 Heard Mr. P.P. Das, the learned counsel appearing on behalf of the petitioner. Mr. P. Kalita, the learned counsel appears on behalf of the respondent No. 1. 2. Taking into account that the respondent No. 2 was only a co- defendant, service upon the respondent No. 2 is dispensed with. 3. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the judgment and order dated 03.05.2024 passed by the learned Court of the Additional District Judge No. 2, Kamrup (M) at Guwahati in Probate (Title Suit) No. 4/2021. 4. Taking into account that the accompanying appeal has already been admitted and vide the impugned judgment and order dated 03.05.2024 by which the probate have been granted in favour of the respondent No. 1, this Court is of the opinion that in order to safeguard the interest of the parties, the impugned judgment and order dated 03.05.2024 passed in Title Suit No. 4/2021 is required to be stayed till the disposal of the appeal. 5. Accordingly, the impugned judgment and order dated 03.05.2024 passed by the learned Court of the Additional District Judge No. 2 Kamrup (M) at Guwahati in Probate (Title Suit) No. 4/2021 is stayed till the disposal of the appeal. 6. I.A. stands disposed of. JUDGE Comparing Assistant