The Gauhati High Court disposed of an interlocutory application seeking a stay on the execution of a decree in Title Appeal No.1/2013. The court ordered the stay until the disposal of the main appeal.
Stay of execution of the decree in Title Appeal No.1/2013 until the disposal of the main appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010248582018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) No. 1291/2019
1:DR RAMESH KUMAR AGARWALLA
S/O LATE HANUMAN BUX AGARWALLA C/O M/S EYE CARE CENTRE AT DIBRUGARH TOWN. PO PS AND DIST DIBRUGARH ASSAM
VERSUS
1:SMTI SANTOSH KEJRIWAL AND ANR
W/O SRI SAJJAN KEJRIWAL RESIDENT OF TARUN SAMITY LANE SHANTIPARA WARD NO. 13 DIBRUGARH TOWN PO PS AND DIST DIBRUGARH ASSAM
2:MRS SUNITA KEJRIWAL W/O SRI SANJAY KEJRIWAL. RESIDENT OF TARUN SAMITY LANE SHANTIPARA WARD NO. 13 DIBRUGARH TOWN PO PS AND DIST DIBRUGARH ASSAM
Advocate for the Petitioner : MS. N RAI Advocate for the Respondent :
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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 18-09-2019
Heard Mr. SP Roy, learned counsel for the applicant.
By this interlocutory application under Order 41 Rule 5 CPC read with Section 151 CPC, the applicant has prayed for stay of the execution of the decree passed in Title Appeal No.01/2013 arising out of Title Suit No.6/2003 passed by the learned Civil Judge, Dibrugarh.
The regular second appeal is already been admitted for hearing and notices have been issued.
It is provided that the execution of the decree in Title Appeal No.1/2013 shall remain stayed till disposal of the main appeal.
The I.A stands disposed of.
J U D G E
Smita
Comparing Assistant
1 issue framed by the court
Whether to grant a stay on the execution of a decree pending the disposal of a regular second appeal.
2 provisions across 1 enactments
DR RAMESH KUMAR AGARWALLA
SMTI SANTOSH KEJRIWAL
MRS SUNITA KEJRIWAL
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
