Disposed¶20

Smti Manshi Paul v. Subrata Paul

Gauhati HC8 Feb 2026I.A.(Civil)/325/2026

Case brief

AI extract

What is this about?

Stay of operation of probate judgment pending appeal; Order 41 Rule 5 CPC stay application; stay of impugned Judgment and Order dated 04.09.2025 of Additional District Judge, Tinsukia; probate in Title Suit (Probate) Case No. 01/2022; appeal already admitted, notice issued, record called for; stay till returnable date; interlocutory order disposing of stay petition; Gauhati High Court; Robin Phukan, J.; Manshi Paul v. Subrata Paul; Tinsukia; suspension of probate operation during pendency of appeal.

What did the court decide?

Stay of the operation of the impugned Judgment and Order dated 04.09.2025 (granting probate in Title Suit (Probate) Case No. 01/2022) till the returnable date. ¶20

Smti Manshi Paul Vs Subrata Paul — Gauhati HC (2026) — LawSathi Research

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GAHC010268902025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/325/2026

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SMTI MANSHI PAUL W/O SRI LAKHIKANTA PAUL R/O DAILY BAZAR LAKSHMI STORES P.O AND P.S- TINSUKIA DIST- TINSUKIA ASSAM

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VERSUS

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SUBRATA PAUL S/O LATE SUNIL KRISHNA PAUL R/O MANIK HAZARIKA ROAD P.O AND P.S- TINSUKIA ASSAM

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-----------Advocate for : MR. SHEELADITYA Advocate for : appearing for SUBRATA PAUL

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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09.02.2026

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Heard Mr. Sheeladitya, learned counsel for the applicant.

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2. This application under Order 41 Rule 5 of the Code of Civil Procedure, is

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preferred by the applicant for staying the operation of the impugned Judgment and Order, dated 04.09.2025, passed by the learned Additional District Judge, Tinsukia; granting probate in Title Suit (Probate) Case No. 01/2022.

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3. Mr. Sheeladitya, learned counsel for the applicant submits that the connected appeal has already been admitted by this Court and notice has been issued to the respondent and the record has also been called for and under such circumstances, there is a requirement for staying the impugned Judgment and Order, dated 04.09.2025, passed by the learned Additional District Judge, Tinsukia, granting probate in Title Suit (Probate) Case No. 01/2022; till disposal of the appeal.

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4. It appears that the connected appeal has already been admitted and the record has been called for and notice has also been issued to the respondent.

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5. Accordingly, taking note of the submission of Mr. Sheeladitya, learned counsel for the applicant and also considering the facts and circumstances on the record, operation of the impugned Judgment and Order, dated 04.09.2025, stands stayed till the returnable date.

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6. In terms of the above, this petition stands disposed of.

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JUDGE

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Smti Manshi Paul v. Subrata Paul

Case brief

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Smti Manshi Paul v. Subrata Paul

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