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2025 DAILYLAW 2577 (GAU)

SRI SURAJ CHETIA v. SRI DHIRENDRA KUMAR ALIAS DHIREN TALUKDAR

I.A.(Civil)/3722/2025 · 2026-01-29

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010218542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3722/2025 SRI SURAJ CHETIA R/O NEELAKSHI APARTMENT SEWALI PATH HATIGAON GHY KAMRUP ASSAM VERSUS SRI DHIRENDRA KUMAR ALIAS DHIREN TALUKDAR S/O GOBINDA CH TALUKDAR, R/O GANESHGURI CHARIALI, GHY-781006, KAMRUP(M), ASSAM 2:DHARANIDHAR TALUKDAR S/O LT GOBINDA CH TALUKDAR R/O VILL GANESHGURI CHARIALI GHY-06 KAMRUP (M) ASSAM 3:KISHORE KUMAR TALUKDAR S/O LT GOBINDA CH TALUKDAR R/O GANESHGURI CHARIALI GHY-06 KAMRUP (M) ASSAM 4:SUKUMAR TALUKDAR S/O LT GOBINDA CH TALUKDAR R/O GANESHGURI CHARIALI GHY-06 KAMRUP(M) ASSA Advocate for the Petitioner : MS S BORA, Page No.# 2/3 Advocate for the Respondent : MR A IKBAL, MS. J SARMA(R-1),G IMTIAZ(R-1),MS S SIDDIQUA(R-1) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30-01-2026 Heard Ms. S. Bora, the learned counsel from the applicant. Also heard Mr. G. Imtiaz, the learned counsel for respondent no. 1. 2. This is an application under Order 41 Rule 5 read with Section 151 of the Code of Civil Procedure has been filed by the applicant/appellant praying for stay of execution of the impugned judgment & decree passed by the Trial Court in Title Suit No. 272/2010 on 24.10.2024. 3. The learned counsel for the petitioner has submitted that the connected regular first appeal wherein the present applicant has impugned the judgment and decree of the Trial Court has already been admitted for hearing and the respondents have also appeared. She also submits that in the meanwhile an Execution Case No. 48/2024 has already been registered before the Execution Court and the same is required to be stayed during the pendency of the connected appeal. 4. The learned counsel for the respondent has not objected the prayer of the applicant. 5. Considering the submission made by learned counsel for the petitioner, the prayer is allowed. 6. During the pendency of the connected Regular First Appeal No. 69/2025 Page No.# 3/3 the execution of the impugned judgment & decree in the Execution Case No. 48/2024 shall remain stayed. 7. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant