Page No.# 1/2 GAHC010235912023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3964/2024 in RSA/35/2025 FAZAL ALI S/O LATE HASEN ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI, DIST BARPETA, ASSAM VERSUS ASRAB ALI AND ORS S/O LATE HASEN ALI RESIDENT OF KALGACHIA MOUZA RUPSHI PO KALGACHI DIST BARPETA ASSAM ------------ Advocate for : MR. N DHAR Advocate for : appearing for ASRAB ALI AND ORS BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 23.07 .2025 Heard Mr. B.K. Sen, learned counsel for the applicant and also heard Mr. S.J. Rajbongshi, learned counsel appearing on behalf of Mr. N. Alam, learned counsel for the opposite parties/respondents. Page No.# 2/2 This application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 is preferred by the applicant for interim injunction by restraining the opposite party/respondent Nos.1 and 2 in connection with Title Execution Case No.31/2023 pending before the Court of learned Civil Judge (Jr. Division) No.1, Barpeta. It appears that vide order dated 18.12.2024, notice has already been issued to the respondents and the respondents accordingly entered appearance. Mr. Sen, learned counsel for the applicant submits that the respondents herein had already instituted the Title Execution Case No.31/2023, wherein the decree so passed by the learned First Appellate Court has partly been executed and the case is fixed on 07.08.2025 for orders and unless the operation of the impugned judgment and decrees are stayed, the dwelling house of the applicant will be demolished and therefore, Mr. Sen contended that the impugned judgment and decrees may be stayed till disposal of the regular second appeal preferred by the applicant. It appears that the connected RSA has already been admitted for hearing and notice has been issued and the record has already been called for. Considering the submission of Mr. Sen, learned counsel for the applicant and also considering the given facts and circumstances on the record, this Court is of the view that a prima facie case for staying the operation of the impugned judgment and decrees is made out and accordingly, the impugned judgment and order dated 14.03.2023 and decree dated 21.03.2023 passed by the learned First Appellate Court stands stayed till disposal of the connected RSA. In terms of above, the I.A. stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE