Nazitora Bori v. Sambhu Prasad Thakur and 5 Ors.
Case brief
What is this about?
A petitioner filed a revision against an order resisting execution of a decree raising a title claim. The court held the revision was maintainable by way of appeal and, invoking inherent powers, granted liberty to withdraw for filing an appeal while staying the execution proceedings pending for 15 days.
What did the court decide?
Liberty granted to withdraw the revision petition. Stay on execution proceedings for 15 days.
What the court decided
Page No.# 1/3
GAHC010063282019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP 59/2019
1:NAZITORA BORI
D/O- LT RAMAKANTA TAYE, W/O- SARAT BORI, R/O VILL- JONAI BAZAR, P.O. AND P.S. JONAI, DIST- DHEMAJI, ASSAM, PIN- 787060, PRESENTLY RESIDING AT VILL- RATKEY VILLAGE, P.O. JONAI, DIST- DHEMAJI, ASSAM, PIN- 787060
VERSUS
1:SAMBHU PRASAD THAKUR AND 5 ORS.
S/O- SHRI DEVILAL THAKU, R/O- VILL- JONAI BAZAR, P.O. AND P.S. JONAI, DIST- DHEMAJI, ASSAM, PIN- 787060
2:JEEVLAL TAYE S/O- LT RAMA KANTA TAYE R/O- VILL- JONAI BAZAR P.O. AND P.S. JONAI DIST- DHEMAJI ASSAM PIN- 787060
3:RUHINI TAYE S/O- LT RAMA KANTA TAYE R/O- VILL- JONAI BAZAR P.O. AND P.S. JONAI DIST- DHEMAJI ASSAM PIN- 787060
Issues for consideration
2 issues framed by the court
Whether an order passed under Order XXI Rule 97/98 CPC should be challenged by way of appeal or revision.
Whether a Limited Bail on Establishment and a Stay of Execution Proceedings be allowed during the pendency of the appeal.
Parties & counsel
- petitioner
Nazitora Bori
- respondent
Sambhu Prasad Thakur and 5 Ors.
Coram
Prasanta Kumar Deka
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · May
- Registered
- Case no.
- CRP/59/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court