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Rohit Choudhury and 5 Ors v. Upendra Nath Goswami

Disposed Of
Court
High Court of Gauhati
Decided
27 August 2024
Bench
Robin Phukanauthor
Case no.
I.A.(Civil) 2519/2024

Judgment

ORDER

28.08.2024 Heard Mr. N. Alam, learned counsel for the applicants. This application under Order XLI Rule 5, read with Section 151 of the Code of Civil Procedure, 1908, is preferred by the applicant for staying operation of the impugned ex-Page No.# 3/3 parte judgment and decree dated 16.03.2024, passed by the learned District Judge, Kamrup(R), Amingaon, in Title Appeal No.4/2023. Mr. Alam, learned counsel for the applicants submits that connected second appeal has already been admitted by this Court and notice has been issued to the sole respondent and the record has also been called for and till disposal of the second appeal, Mr. Alam contended that the operation of the impugned ex-parte judgment and decree dated 16.03.2024, passed by the learned District Judge, Kamrup(R), Amingaon, in Title Appeal No.4/2023, may be stayed. Having heard the submission of learned counsel for the applicant and also considering the facts and circumstances on the record, this Court is inclined to allow this I.A. Accordingly, till disposal of the second appeal, operation of the impugned ex-parte judgment and decree dated 16.03.2024, passed by the learned District Judge, Kamrup(R), Amingaon, in Title Appeal No.4/2023, stands stayed. Comparing Assistant Sd/- Robin Phukan JUDGE

Case details

Parties and counsel

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Source: High Court of Gauhati, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.