Page No.# 1/4 GAHC010042202024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/633/2024 CHANDRA BISWAS AND 3 ORS S/O LATE SUKHEN CHANDRA BISWAS RESIDENT OF VILLAGE CHIKNIBARI MOUZA PANDURI PO DARKUCHI PS TAMULPUR DIST BAKSA BTAD ASSAM 781376 2: SRI NIREN BORO S/O LATE BABURAM BORO @ BABUL BORO RESIDENT OF VILLAGE AND PO DARKUCHI PS TAMULPUR DIST BAKSA BTAD ASSAM 781376 3: SRI RATIRAM BORO S/O LATE BABURAM BORO @ BABUL BORO RESIDENT OF VILLAGE AND PO DARKUCHI PS TAMULPUR DIST BAKSA BTAD ASSAM 781376 4: SMTI TULTUL BISWAS D/O GOPAL SINGH RESIDENT OF VILLAGE CHIKNIBARI MOUZA PANDURI PO DARKUCHI PS TAMULPUR Page No.# 2/4 DIST BAKSA BTAD ASSAM 781376 VERSUS NARAYAN CH BISWAS AND 3 ORS S/O LATE NARENDRA BISWAS RESIDENT OF VILLAGE CHIKNIBARI MOUZA PANDURI PO DARKUCHI PS TAMULPUR DIST BAKSA BTAD ASSAM 781376 2:ON THE DEATH OF LATE SUKUMAR BISWAS HIS LEGAL HEIRS SMTI SHANTI BISWAS W/O LATE SUKUMAR BISWAS RESIDENT OF VILLAGE CHIKNIBARI MOUZA PANDURI PO DARKUCHI PS TAMULPUR DIST BAKSA BTAD ASSAM 781376 3:SMTI ANITA BISWAS D/O LATE SUKUMAR BISWAS RESIDENT OF VILLAGE CHIKNIBARI MOUZA PANDURI PO DARKUCHI PS TAMULPUR DIST BAKSA BTAD ASSAM 781376 4:SRI DIGEN BISWAS S/O LATE SUKUMAR BISWAS RESIDENT OF VILLAGE CHIKNIBARI MOUZA PANDURI PO DARKUCHI PS TAMULPUR DIST BAKSA BTAD ASSAM 781376 ------------ Page No.# 3/4 For the Appellant(s) : Mr. B.K. Bhagawati, Advocate For the Respondent(s) : Mr. S. Hazarika, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 21.04.2025 Heard Mr. B.K. Bhagwati, the learned counsel appearing on behalf of the applicants. Mr. S. Hazarika, the learned counsel appears on behalf of the respondent. 2. This is an application filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 (for short, “the Code”) for stay of the impugned judgment and decree dated 01.12.2023 passed by the learned Court of the Civil Judge (Senior Division), Baksa (hereinafter referred to as, “the learned First Appellate Court”) in Title Appeal No. 5/2022. 3. This Court has duly taken note of the directions so passed in the impugned judgment and decree dated 01.12.2023 whereby the learned First Appellate Court had declared the right, title and interest of the plaintiff over the suit land. Further to that, the learned First Appellate Court had also restrained the defendants who are the appellants herein from entering into the suit land and from disturbing the possession of the plaintiff. 4. Taking into account that the decree which have been passed by the learned First Appellate Court, this Court finds no ground to exercise its Page No.# 4/4 jurisdiction under Order XLI Rule 5 of the Code to stay the impugned judgment and decree. 5. Considering the above, this Court finds no merit in the instant application, for which, the instant application stands dismissed. JUDGE Comparing Assistant