Page No.# 1/4 GAHC010079072026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1185/2026 SURENDRA CHANDRA DAS AND 7 ORS. S/O LATE ANANDA MOHAN DAS R/O ASHRAM ROAD SILCHAR P.O. AND P.S.- SILCHAR CACHAR ASSAM 2: GOURANGA SARKAR S/O SRI GOPENDRA SARKAR R/O ASHRAM ROAD SILCHAR P.O. AND P.S.- SILCHAR CACHAR ASSAM 3: MANJU CHANDA S/O LATE MONORANJAN CHANDA R/O ASHRAM ROAD SILCHAR P.O. AND P.S.- SILCHAR CACHAR ASSAM 4: CHANDRA KANTA DAS S/O LATE HARENDRA DAS R/O ASHRAM ROAD SILCHAR P.O. AND P.S.- SILCHAR CACHAR ASSAM 5: PRAFULLA CHANDRA SARKAR Page No.# 2/4 S/O LATE PARESH CHANDRA SARKAR R/O ASHRAM ROAD SILCHAR P.O. AND P.S.- SILCHAR CACHAR ASSAM 6: ON THE DEATH OF RAHUL DAS HIS LEGAL HEIRS NAMELY 6.1: SMTI. MINU DAS W/O LATE RAHUL DAS R/O ASHRAM ROAD SILCHAR P.O. AND P.S.- SILCHAR CACHAR ASSAM 6.2: RAJ DAS S/O LATE RAHUL DAS R/O ASHRAM ROAD SILCHAR P.O. AND P.S.- SILCHAR CACHAR ASSAM (BEING MINOR REPRESENTED BY APPELLANT NO. 6.1) 7: SUBRATA DAS S/O MOHAN RAM DAS R/O ASHRAM ROAD SILCHAR P.O. AND P.S.- SILCHAR CACHAR ASSAM 8: RANJIT DAS S/O LATE JATINDRA DAS R/O VILL- CHANDRAPUR P.S.- SILCHAR CACHAR ASSAM VERSUS GIRENDRA DAS S/O LATE CHANDRA KISHORE DAS R/O SATSANG ASHRAM ROAD P.O. AND P.S.- SILCHAR Page No.# 3/4 DIST- CACHAR ASSAM ------------ Advocate for : MR G N SAHEWALLA Advocate for : MR GAURAV R DUTTA (FOR CAVEATOR) appearing for GIRENDRA DAS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 25.05.2026 Heard Mr. G. Sahewalla, learned Senior Counsel, assisted by Ms. S. Agarwal, learned counsel for the applicant. Also heard Mr. D. Mazumdar, learned Sr. Counsel, assisted by Mr. G.R. Dutta, learned counsel for the opposite party. 2. This application, under Order XLI Rule 5 of the CPC, is preferred by the applicant/appellant for staying the operation of the impugned judgment and order dated 05.03.2026, so passed by the learned District Judge, Cachar, Silchar, in Misc Appeal No. 01/2022, till disposal of the RSA No. 43 of 2026. 3. Mr. Sahewalla, learned Senior Counsel for the applicant, submits that the applicant has preferred RSA No. 43 of 2026 challenging the judgment and order dated 05.03.2026, so passed by learned District Judge, Cachar, Silchar, in Misc Appeal No. 01/2022. The said appeal has been admitted after formulating a substantial question of law and the records have also been called for from the learned courts below and as such there is a requirement for staying operation of the impugned judgment and order Page No.# 4/4 till disposal of the RSA No. 43 of 2026, else the RSA would be frustrated in the event of execution of the decree. 4. However, Mr. Mazumdar, learned counsel for the opposite party has opposed the application on the ground of concurrent finding of facts by both the courts below. 5. Having heard the submissions of learned counsel for both the parties, this court has carefully gone through the application and the documents placed on record and also perused the impugned judgment and order, dated 05.03.2026, so passed by learned District Judge, Cachar, Silchar, in Misc Appeal No. 01/2022. 6. It appears that the RSA has already been admitted for hearing and the records from both the learned courts below have also been called for. In that view of the matter, the requirement of staying the operation of the impugned judgment and order cannot be underestimated. 7. Accordingly, it is provided that till disposal of the RSA No. 43 of 2026, the operation of the impugned judgment and order, dated 05.03.2026, so passed by learned District Judge, Cachar, Silchar, in Misc Appeal No. 01/2022, stands stayed. 8. In terms of above, this interlocutory application stands dismissed. JUDGE Comparing Assistant