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2026 DAILYLAW 5282 (GAU)

NINDESWARI RABHA v. KANIKA RABHA KALITA AND 2 ORS.

I.A.(Civil)/1308/2026 · 2026-04-28

Yarenjungla Longkumer

body2026

Judgment text

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Page No.# 1/3 GAHC010062882026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : I.A.(Civil)/1308/2026 NINDESWARI RABHA W/O LATE DHARMESWAR RABHA R/O VILLAGE- KRISHNAI GURIA PART- II BHOGDABI P.O.- KRISHNAI IN THE DISTRICT OF GOALPARA ASSAM VERSUS KANIKA RABHA KALITA AND 2 ORS. W/O LATE DHARMESWAR RABHA RESIDENT OF VILLAGE- THEKASU PT.-I AMRABATI P.O. AND P.S.- DUDHNOI DISTRICT- GOALPARA ASSAM 2:MUKUT RABHA S/O LATE DHARMESWAR RABHA RESIDENT OF VILLAGE- THEKASU PT.-I AMRABATI P.O. AND P.S.- DUDHNOI DISTRICT- GOALPARA ASSAM 3:BIBIDUL RABHA S/O LATE DHARMESWAR RABHA RESIDENT OF VILLAGE- THEKASU PT.-I AMRABATI P.O. AND P.S.- DUDHNOI DISTRICT- GOALPARA ASSAM Page No.# 2/3 ------------ Advocate for : MR H DAS Advocate for : appearing for KANIKA RABHA KALITA AND 2 ORS. BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 29.04. 2026 Heard learned counsel for the applicant/appellant. 2. The instant application has been filed by the appellant praying for stay of the operation of the impugned judgment and order dated 05.02.2026 in Misc. Revocation Case No. 01/2020 passed by the Learned District Judge, Goalpara by revoking the Succession Certificate issued to the applicant/ appellant in Misc (S/C) Case No. 27/2018. 3. It is submitted that the applicant herein has filled the connected Testamentary Appeal No. 7 of 2026 against the impugned judgment and order dated 05.02.2026. It is also stated that the good grounds taken in the appeal and there is any possibility of succeeding the said appeal and therefore it is prayed that end of justice will be met if the impugned judgment and order is suspended, pending disposal of the appeal and unless the operations of the judgment and order is suspended by this Court, the appellant was suffered irreparable loss as well as monetary loss. 4. The Court has considered this application and it is seen that unless the impugned judgment and order suspended the respondents may approached the Office of the Assistant Settlement Officer, Matia Revenue Circle, to encash the debts and securities of the late Dharmeswar Rabha, and thereby the appeal filed by the present appellant shall become infructuous. Page No.# 3/3 5. Accordingly, for the ends of justice, the impugned judgment and order dated 02.05.2026 passed in Misc. Revocation Case No. 01/2020 shall remained suspended, pending disposal of the connected application. The application accordingly stands disposed of. JUDGE Comparing Assistant