Page No.# 1/3 GAHC010017682026 2026:GAU-AS:7219 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/710/2026 MUKUL NATH SON OF LATE BHUGESWAR NATH, RESIDENT OF RUBBER BAGAN, TEZPUR UNDER MAHABHAIRAB MOUZA, P.O. AND P.S. - TEZPUR IN THE DISTRICT OF SONITPUR WITHIN THE STATE OF ASSAM VERSUS DEBOJIT DAS AND 5 ORS. SON OF LATE GHANA KANTA DAS, RESIDENT OF L.B. ROAD, TEZPUR TOWN, P.O. AND P.S.- TEZPUR, DISTRICT- SONITPUR, ASSAM 2:SMTI HRIDAYA DAS WIFE OF SRI DEBOJIT DAS RESIDENT OF L.B. ROAD TEZPUR TOWN P.O. AND P.S.- TEZPUR DISTRICT- SONITPUR ASSAM 3:STATE OF ASSAM REPRESENTED BY 3.1:SECRETARY DEPARTMENT OF REVENUE GOVT. OF ASSAM DISPUR P.S.- DISPUR GUWAHATI ASSAM 3.2:SECRETARY MUNICIPAL ADMINISTRATION Page No.# 2/3 GOVT. OF ASSAM DISPUR P.S.- DISPUR GUWAHATI ASSAM 4:THE CIRCLE OFFICER TEZPUR REVENUE CIRCLE TEZPUR MOUZA - MAHABHAIRAB DISTRICT SONITPUR ASSAM 5:THE CHAIRMAN TEZPUR MUNICIPAL BOARD TEZPUR TEZPUR TOWN P.O. - TEZPUR MOUZA - MAHABHAIRAB DISTRICT - SONITPUR ASSAM 6:THE SENIOR SUB REGISTRAR TEZPUR SUB-REGISTRY OFFICE TEZPUR TOWN P.O. - TEZPUR MOUZA - MAHABHAIRAB DISTRICT - SONITPUR ASSA Advocate for the Petitioner : MR. K SARMA, MR. M BERIA,MR. S BORUAH Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 25.05.2026 Heard Mr. M. Beria, learned counsel for the applicant; Mr. A. Dhanuka, learned counsel for respondent nos. 1 and 2; Mr. J. Handique, learned standing counsel for the Revenue Department, representing respondent nos. 3(1), Mr. Page No.# 3/3 D.R. Gogoi, learned Govt. advocate appearing for respondent nos. 3(2) and Ms. M. Kalita, learned Govt. advocate appears for respondent nos. 4 and 6. 2. By filing this interlocutory application under Order XLI Rule 5, the applicant who the appellant in the connected RSA 23/2026, has prayed for stay of the execution of the judgment and decree dated 25.11.2025, passed by the learned Civil Judge (Senior Division), Sonitpur, Tezpur in TA No. 13/2024. 3. As the connected appeal has been admitted for hearing by order dated 27.03.2026 on substantial question of law as framed therein, the Court is of the considered opinion that in the event the decree is executed, it may prejudice the applicant. Accordingly, the execution of the judgment and decree dated 25.11.2025, passed by the learned Civil Judge (Senior Division), Sonitpur, Tezpur in TA No. 13/2024 is stayed. 4. However, this order would not stand in the way of the declaration given by the learned first appellate Court that the plaintiffs are in possession of the suit land as well as the permanent injunction restraining the defendant no.5 (appellant in RSA 23/2026), from entering into and disturbing the possession of the suit land and house. 5. In view of the above, this interlocutory application stands disposed of. JUDGE Comparing Assistant