D.K Thongdok v. Tony Pertin

ORDER Date : 05-10-2023 Heard Mr. V. Jamoh, learned counsel for the applicant/appellant. Also heard Mr. H. K. Jamoh, learned counsel for the opposite party/respondent.

¶2This is an application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908, praying for stay of the execution of decree drawn, pursuant to judgment and order, dated 03.03.2023, passed in money suit no. 84/2022 (Shri Tony Pertin Vs. Shri D. K. Thongdok) by the Civil Judge (Sr. Division) Capital Complex, Yupia.

¶3Judgment and order, dated 03.03.2023, passed in money suit no. 84/2022 by the Civil Judge (Sr. Division) Capital Complex, Yupia and the Decree drawn pursuant thereto, is stated to have been challenged before this Court by the applicant in RFA No. 04/(AP)2023.

¶4It is also submitted by the learned counsel for the applicant that pursuant Page No.# 3/3 to the Judgment and order, dated 03.03.2023, passed in money suit no. 84/2022 and the decree drawn, pursuant thereto, by the Civil Judge (Sr. Division) Capital Complex, Yupia, an amount of Rs. 61,00,000/- (Rupees Sixty-One Lakhs) has been paid by the applicant/appellant to the opposite party/respondent.

¶5Mr. H. K. Jamoh, learned counsel for the opposite party/respondent has not denied that the opposite party/respondent has received the amount of Rs. 61,00,000/- (Rupees Sixty-One Lakhs) from the applicant/appellant, pursuant to the Judgment and order, dated 03.03.2023, passed in money suit no. 84/2022 and the decree drawn, thereto, by the Civil Judge (Sr. Division) Capital Complex, Yupia.

¶6Having heard the learned counsels appearing for the parties and also taking note of the fact that Rs. 61,00,000/- (Rupees Sixty-One Lakhs) has been paid by the applicant/appellant to the opposite party/respondent, pursuant to the Judgment and order, dated 03.03.2023, passed in money suit no. 84/2022 and the decree drawn thereto, by the Civil Judge (Sr. Division) Capital Complex, Yupia; pending disposal of the RFA No. 04/

(AP)2023, the proceeding of the Money Execution No. 04/2022 pending before the Civil Judge (Sr. Division) Capital Complex, Yupia, shall remain stayed.

¶7The interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC040013492023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C)/165/2023 D.K Thongdok S/o Lt. Wangdi Thongdok, Resident of Rupa Market, PS Rupa, Dist. West Kameng, Arunachal Pradesh. Mobile No. 919436258742 VERSUS Tony Pertin S/o Lt. Gora Pertin, Resident of Ane Gumin, Dokum Colony, Itanagar, PO/PS Itanagar, PO/PS Itanagar, District Papumpare, Arunachal Pradesh. Advocate for the Petitioner : Vijay Jamoh Advocate for the Respondent : Mingkong Pertin Linked Case : RFA/4/2023 D. K. Thongdok Age: 56 Occupation : Address:S/o Lt. Wangdi Thongdok Resident of Rupa Market PS Rupa Dist. West Kameng Arunachal Pradesh. Mobile No. 919436258742 VERSUS Tony Pertin Age: 0 Page No.# 2/3 Occupation : Address:S/o Lt. Gora Pertin Resident of Ane Gumin Dokum Colony Itanagar PO/PS Itanagar PO/PS Itanagar District Papumpare Arunachal Pradesh. ------------ Advocate for : Vijay Jamoh Advocate for : H K Jamoh appearing for Tony Pertin: Advocate appearing for respectively. BEFORE HONBLE MR. JUSTICE NANI TAGIA