Page No.# 1/3 GAHC010037922025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2372/2025 KOUSHALLYA KURMI ALIAS KEIKEI KURMI AND 3 OTHERS W/O LATE NARESH KURMI R/O AENAKHAL TEA ESTATE P.O. MONACHERRA P.S. LALA DIST. HAILAKANDI. 2: PROTAP KURMI S/O LATE NARESH KURMI R/O AENAKHAL TEA ESTATE P.O. MONACHERRA P.S. LALA DIST. HAILAKANDI. 3: RAJ KUMAR KURMI S/O LATE NARESH KURMI R/O AENAKHAL TEA ESTATE P.O. MONACHERRA P.S. LALA DIST. HAILAKANDI. 4: JOY KUMAR KURMI S/O LATE NARESH KURMI ALL ARE R/O AENAKHAL TEA ESTATE P.O. MONACHERRA P.S. LALA DIST. HAILAKANDI. VERSUS BHUWALKA TRADING AND TEA CO (P) LTD AENAKHAL TEA COMPANY WITH ITS REGISTERED OFFICE AT 135 BIPLABI RASH BIHARI BASU ROAD KOLKATA 700001 AND CARRYING BUSINESS INTERALIA AS OWNER OF AENAKHAL TEA ESTATE Page No.# 2/3 P.O MONACHERRA P.S. LALA DIST HAILAKANDI ASSAM REP BY THE MANAGER SRI SUMANTA CHOUDHURY AENAKHAL TEA ESTATE ------------ Advocate for : SOMIM SIDDIQUA Advocate for : MR. M SHARMA FOR CAVEATOR appearing for BHUWALKA TRADING AND TEA CO (P) LTD BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 06.04.2026 Heard Mr. A. Ikbal, learned counsel for the applicants and Ms. S. Yasmin, learned counsel for the opposite party. 2. This interlocutory application, under Order XLI Rule 5 read with Section 151 of the CPC, is preferred by the applicant for staying the operation of the judgment and decree dated 21.03.2024, passed by the learned Civil Judge, Hailakandi, in Title Appeal No. 03/2023. 3. Mr. Ikbal, learned counsel for the applicants submits that the connected RSA has already been admitted, vide order dated 17.03.2026, after formulating substantial questions of law and the record has also been called for and the matter is fixed today. But, in the meantime, execution proceeding is initiated before the learned executing court, being Title Execution Case No. 17/2024, wherein warrant has been issued, vide order dated 19.02.2026 and as such, there is a requirement of staying the impugned judgment and decree dated 21.03.2024, passed by the learned Civil Judge, Hailakandi, in Title Appeal No. Page No.# 3/3 03/2023. 4. On the other hand, Ms. Yasmin, learned counsel for the opposite party submits that she has no objection. 5. Accordingly, taking note of the submissions of learned counsel for both the parties and also considering the fact that the connected appeal has already been admitted for hearing and the record has also been called for, this Court is inclined to stay the operation of impugned judgment and decree dated 21.03.2024, passed by the learned Civil Judge, Hailakandi, in Title Appeal No. 03/2023, till disposal of RSA No. 112/2025. 6. In terms of above, this IA stands disposed of. JUDGE Comparing Assistant