Smti. Neera Brahma Vs Smti. Jaymati Islary — Gauhati HC (2026) — LawSathi Research

Smti. Neera Brahma Vs Smti. Jaymati Islary — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Stay of execution of the impugned judgment and decree (Title Appeal No. 11/2024) in Execution Case No. 04/2026 during pendency of the connected Regular Second Appeal No. 38/2026; notice produced by the applicant marked 'X' and kept on record.

Issue for consideration

Whether execution of the impugned judgment and decree dated 19.02.2026 in Title Appeal No. 11/2024 (being executed in Execution Case No. 04/2026) should be stayed during the pendency of the connected Regular Second Appeal No. 38/2026.

Court's answer

Since the connected Regular Second Appeal No. 38/2026 has already been admitted (with substantial questions of law formulated and lower-court records called for), execution of the impugned judgment and decree in Execution Case No. 04/2026 dated 30.04.2026 before the Civil Judge (Junior Division), Chirang, Kajalgaon shall remain stayed during pendency of the connected Regular Second Appeal.

Key takeaways

The notice received by the applicant in Execution Case No. 04/2026, produced by learned senior counsel, is marked 'X' and kept as part of the records of this Interlocutory Application.obiter¶17

Detailed headnote1 paragraphs

Gauhati High Court (Single Bench: Mridul Kumar Kalita, J.), Order dated 15.06.2026 in I.A.(Civil)/1175/2026 — Smti. Neera Brahma (applicant/appellant) v. Smti. Jaymati Islary (respondent/caveator). The applicant sought stay of execution of the judgment and decree dated 19.02.2026 passed by the Civil Judge (Senior Division), Chirang, Kajalgaon in Title Appeal No. 11/2024, which she had challenged in Regular Second Appeal No. 38/2026. Noting that the connected RSA stood admitted with substantial questions of law formulated and the records of the Trial Court and First Appellate Court called for, the Court directed that execution of the impugned judgment and decree in Execution Case No. 04/2026 (dated 30.04.2026) pending before the Civil Judge (Junior Division), Chirang, Kajalgaon shall remain stayed during pendency of the connected Regular Second Appeal. The notice received by the applicant in the execution case, produced in Court, was marked 'X' and kept on record; the Interlocutory Application was accordingly disposed of.

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GAHC010069812026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1175/2026

SMTI. NEERA BRAHMA W/O SRI RACHENDRA NATH BRAHMA R/O HADANPARA W/NO. 8 P.O. P.S. AND DIST- KOKRAJHAR BTC (ASSAM) VERSUS

SMTI. JAYMATI ISLARY W/O LATE ANATH ISLARY R/O RUKURMARI WARD NO. 3 KAJALGAON MUNICIPALITY P.O.- DHALIGAON P.S.- KAJALGAON DIST- CHIRNAG (BTC) ASSAM PIN-783385

-----------Advocate for : MS. R CHOUDHURY Advocate for : MR. B J MUKHERJEE (FOR CAVEATOR) appearing for SMTI. JAYMATI ISLARY

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

Date - 15.06.2026

1. Heard Ms. R. Choudhury, the learned senior counsel assisted by Ms. S. E. Murtaza, the learned counsel for the applicant/appellant. Also heard Mr. B. J. Mukherjee, the learned counsel for the opposite party/respondent.

2. This Interlocutory Application has been preferred by the applicant in connection with Regular Second Appeal No. 38/2026, praying for stay of execution of the impugned judgment and decree dated 19.02.2026 passed by the Court of the learned Civil Judge (Senior Division), Chirang, Kajalgaon in the Title Appeal No. 11/2024.

3. It appears that in the connected Regular Second Appeal, the substantial questions of law have already been formulated and the said appeal has been admitted and the records of the Trial Court and the First Appellate Court have been called for.

4. Hence, considering the fact that the connected Regular Second Appeal has already been admitted, the execution of the impugned judgment and decree in the Execution Case No. 04/2026 dated 30.04.2026 pending before the Court of the learned Civil Judge (Junior Division), Chirang, Kajalgaon shall remain stayed during pendency of the connected Regular Second Appeal.

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5. The notice received by the applicant in Execution Case No. 04/2026, which has been produced by the learned senior counsel today before the Court is marked as ‘X’ and kept as a part of the records of this Interlocutor Application.

6. This Interlocutor Application is, accordingly, disposed of.

JUDGE

Comparing Assistant