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2026 DAILYLAW 5051 (GAU)

SADHANA NAG v. USHA RANI NAG

I.A.(Civil)/3764/2025 · 2026-02-25

Robin Phukan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010254232025 2026:GAU-AS:2960 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3764/2025 SADHANA NAG D/O LATE SUDHIR CH. NAG, RESIDENT OF EAST CHOWKIDINGHEE NEAR SASHAN, P.O AND P.S. DIBRUGARGH, DISTRICT- DIBRUGARH, ASSAM PIN 786003, ASSAM. VERSUS USHA RANI NAG WIFE OF LATE.BADAL NAG, RESIDENT OF EAST CHOWKINDINGHEE NEAR SASHAN, P.O AND P.S DIBRUGARH, DISTRICT-DIBRUGARH, PIN 786003 Advocate for the Petitioner : MR. K R BOROOAH, Advocate for the Respondent : , Linked Case : RSA/201/2025 SADHANA NAG RESIDENT OF EAST CHOWKIDINGHEE NEAR SASHAN P.O AND P.S. DIBRUGARGH DISTRICT- DIBRUGARH ASSAM PIN 786003 ASSAM. Page No.# 2/3 VERSUS USHA RANI NAG WIFE OF LATE.BADAL NAG RESIDENT OF EAST CHOWKINDINGHEE NEAR SASHAN P.O AND P.S DIBRUGARH DISTRICT-DIBRUGARH PIN 786003. ASSAM. ------------ Advocate for : MR. K R BOROOAH Advocate for : MR. R S MISHRA appearing for USHA RANI NAG BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 26.02.2026 Heard Mr. K. R. Barooah, learned counsel for the applicant and Mr. R. S. Mishra, learned counsel for the opposite party. 2. This application, under Order XLI Rule 5, read with Section 151 of the Code of Civil Procedure, is preferred by the applicant for staying operation of the Judgment and Order, dated 22.08.2025, passed by the learned Civil Judge (Sr. Div.), Dibrugarh, in Title Appeal No. 10/2022. 3. It is to be noted here that vide impugned Judgment and Order, dated 22.08.2025, the learned Civil Judge (Sr. Div.), Dibrugarh, has affirmed the Judgment and Decree, dated 04.07.2022, passed by the learned Munsiff No. 1, Dibrugarh, in Title Suit No. 6/2016; whereby, the suit filed by the respondent/plaintiff was decreed. Page No.# 3/3 4. Mr. Barooah, learned counsel for the applicant submits that the appeal has already been admitted for hearing, after framing of substantial question of law and the record has also been called for and in the meantime, the respondent herein has already initiated execution proceeding, being Execution Case No. 25/2025, and as such, there is a requirement of staying the operation of the impugned Judgment and Order, dated 22.08.2025, passed by the learned Civil Judge (Sr. Div.), Dibrugarh, in Title Appeal No. 10/2022. 5. Mr. Mishra, learned counsel for the opposite party has however, opposed the petition. 6. Accordingly, taking note of the submission of the learned counsel for both the parties, operation of the Judgment and Order, dated 22.08.2025, passed by the learned Civil Judge (Sr. Div.), Dibrugarh, in Title Appeal No. 10/2022, stands stayed, till disposal of the RSA No. 201/2025. 7. In terms of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant