Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/325/2026 SMTI MANSHI PAUL W/O SRI LAKHIKANTA PAUL R/O DAILY BAZAR LAKSHMI STORES P.O AND P.S- TINSUKIA DIST- TINSUKIA ASSAM VERSUS SUBRATA PAUL S/O LATE SUNIL KRISHNA PAUL R/O MANIK HAZARIKA ROAD P.O AND P.S- TINSUKIA ASSAM ------------ Advocate for : MR. SHEELADITYA Advocate for : appearing for SUBRATA PAUL
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 09.02.2026 Heard Mr. Sheeladitya, learned counsel for the applicant.
2. This application under Order 41 Rule 5 of the Code of Civil Procedure, is
Page No.# 2/2 preferred by the applicant for staying the operation of the impugned Judgment and Order, dated 04.09.2025, passed by the learned Additional District Judge, Tinsukia; granting probate in Title Suit (Probate) Case No. 01/2022.
3. Mr. Sheeladitya, learned counsel for the applicant submits that the connected appeal has already been admitted by this Court and notice has been issued to the respondent and the record has also been called for and under such circumstances, there is a requirement for staying the impugned Judgment and Order, dated 04.09.2025, passed by the learned Additional District Judge, Tinsukia, granting probate in Title Suit (Probate) Case No. 01/2022; till disposal of the appeal.
4. It appears that the connected appeal has already been admitted and the record has been called for and notice has also been issued to the respondent.
5. Accordingly, taking note of the submission of Mr. Sheeladitya, learned counsel for the applicant and also considering the facts and circumstances on the record, operation of the impugned Judgment and Order, dated 04.09.2025, stands stayed till the returnable date.
6. In terms of the above, this petition stands disposed of.
JUDGE Comparing Assistant