Page No.# 1/2 GAHC010009632023 2026:GAU-AS:10547 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/436/2023 HEMANTA GOWALA S/O LATE BIRU GOWALA, RESIDENT OF WARD NO. 4, DHEMAJI TOWN, PO AND PS DHEMAJI, DIST DHEMAJI, ASSAM 787057, INDIA. VERSUS SUDEV NANDI . S/O LATE SURESH NANDI. RESIDENT OF WARD NO. 4, DHEMAJI TOWN, PO AND PS DHEMAJI, DIST DHEMAJI, ASSAM 787057, INDIA. Advocate for the Petitioner : MR G G GOGOI, MS B DUTTA,MR. S R GOGOI,MR. C SARMAH,MR. J I BORBHUIYA,A TALUKDAR Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 30.07.2026 1. Heard Mr. C. Sarmah, learned counsel for the applicant. Also heard Mr. S. Dutta, learned counsel for the opposite party. 2. This is an application under Order 41, Rule 5 of the Code of Civil Procedure, Page No.# 2/2 1908 filed in connection with Regular First Appeal No. 7/2023, praying for stay of the execution of the impugned decree during the pendency of the connected Regular First Appeal. 3. The learned counsel for the applicant has submitted that the connected appeal is listed for final hearing on 07.08.2026. In the meantime, the part of the decree directing execution of the sale deed has already been complied with. However, he submits that the applicant continues to remain in possession of the decretal land and that unless the execution of the remaining part of the decree is stayed, the applicant may be dispossessed before the connected appeal is decided. It is further submitted that in the absence of an order of stay, the connected appeal is likely to become infructuous. 4. On the other hand, the learned counsel for the opposite party submits that the decree has already been substantially executed and that only delivery of possession of the decretal land remains. He further submits that pursuant to the decree, the sale deed has already been executed. 5. Having considered the submissions advanced by the learned counsel for both sides, this Court is of the view that since the applicant claims to be in possession of the decretal land and the connected Regular First Appeal has already been fixed for final hearing on 07.08.2026, it would be appropriate to stay the further execution of the impugned judgment and decree during the pendency of the connected Regular First Appeal. 6. This I.A. is accordingly disposed of. JUDGE Comparing Assistant