In an application under Order XLI Rule 5 CPC, the Gauhati High Court granted a stay on the execution of a decree dated 22.04.2019 until the disposal of an admitted second appeal.
Stay of execution of the decree dated 22.04.2019 passed in T.A. No. 04/2018 till the disposal of the second 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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GAHC010131632019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : I.A.(Civil) 2178/2019
1:SRI SHYAM SUNDAR BHATTAR KARTA OF M/S RAMBALLAV OMPRAKASH
NO.1 KATHIAKHUNDA GAON
SAPEKHATI MAIN ROAD
PO AND PS- SAPEKHATI
SUB-DIVSION- CHARAIDEO
DIST- CHARAIDEO ASSAM
VERSUS
1:SRI JYOTIRMOY DEY S/O- LATE JAMINI MOHAN DEY R/O- NO.1 KATHIAKHUNDA GAON
SAPEKHATI MAIN ROAD
PO AND PS- SAPEKHATI
DIST- CHARAIDEO ASSAM
Advocate for the Petitioner : MR G N SAHEWALLA Advocate for the Respondent : S ALI
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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 18-09-2019
Heard Mr. G.N. Sahewalla, learned Senior counsel for the applicant and Mr. S. Ali, learned counsel for the sole respondent.
This is an application under Order XLI Rule 5 of the CPC, the applicant has prayed for staying of the execution of the decree dated 22.04.2019 passed in TA No. 04/2018 arising out of T.S. No. 15/2010 by the learned Civil Judge, Dhubri.
The second appeal is already admitted for hearing and notice has been issued.
The execution of the impugned decree, passed in T.A. No. 04/2018 shall remain stayed till the disposal of the second appeal.
This interlocutory application is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the execution of the decree passed in T.A. No. 04/2018 should be stayed pending the disposal of the second appeal.
1 provisions across 1 enactments
SRI SHYAM SUNDAR BHATTAR KARTA OF M/S RAMBALLAV OMPRAKASH
SRI JYOTIRMOY DEY
Mir Al Hafiz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
