Gauhati High Court
Page No.# 1/4 vs Binoy Kr. Borah on 21 April, 2023
Page No.# 1/4
GAHC010051242023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/823/2023
UTPAL KALITA AND 2 ORS
S/O LATE NAREN CH. KALITA,
RESIDENT OF VILLAGE BOKAJAN TOWN, WARD NO. 1, OPP. OF C.H.C , PO
AND PS BOKAJAN, DIST KARBI ANGLONG, ASSAM
2: SMTI SABITA KALITA
W/O LATE NAREN CH. KALITA
RESIDENT OF VILLAGE BOKAJAN TOWN WARD NO. 1
OPP. OF C.H.C
PO AND PS BOKAJAN
DIST KARBI ANGLONG
ASSAM
3: UJJAL KALITA
S/O LATE NAREN CH. KALITA
RESIDENT OF VILLAGE BOKAJAN TOWN WARD NO. 1
OPP. OF C.H.C
PO AND PS BOKAJAN
DIST KARBI ANGLONG
ASSA
VERSUS
BINOY KR. BORAH,
S/O LATE AMBURAM BORAH, RESIDENT OF VILLAGE BOKAJAN TOWN
WARD NO. 1, OPP. OF C.H.C , PO AND PS BOKAJAN, DIST KARBI
ANGLONG, ASSAM
Advocate for the Petitioner : MR. I CHOUDHURY
Advocate for the Respondent :
Page No.# 2/4
Linked Case : RSA/190/2022
UTPAL KALITA
S/O LATE NAREN CH. KALITA
RESIDENT OF VILLAGE BOKAJAN TOWN WARD NO. 1
OPP. OF C.H.C
PO AND PS BOKAJAN
DIST KARBI ANGLONG
ASSAM
2: SMTI SABITA KALITA
W/O LATE NAREN CH. KALITA
RESIDENT OF VILLAGE BOKAJAN TOWN WARD NO. 1
OPP. OF C.H.C
PO AND PS BOKAJAN
DIST KARBI ANGLONG
ASSAM
3: UJJAL KALITA
S/O LATE NAREN CH. KALITA
RESIDENT OF VILLAGE BOKAJAN TOWN WARD NO. 1
OPP. OF C.H.C
PO AND PS BOKAJAN
DIST KARBI ANGLONG
ASSAM
VERSUS
BINOY KR. BORAH
S/O LATE AMBURAM BORAH
RESIDENT OF VILLAGE BOKAJAN TOWN WARD NO. 1
OPP. OF C.H.C
PO AND PS BOKAJAN
DIST KARBI ANGLONG
ASSAM
------------
Advocate for : MR. I CHOUDHURY
Advocate for : appearing for BINOY KR. BORAH
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
21.04.2023 Heard Mr. I. Choudhury, learned counsel for the applicant.
2. This present application is filed under Order XLI Rule 5 of the Code of Civil Procedure, 1908 for stay of the impugned judgment dated 14.09.2022 passed by the learned Civil Judge, Karbi Anglong in Title Appeal No. 3/2022 whereby the judgment and decree dated 29.09.2021 passed by the learned Munsiff No. 1, Karbi Anglong, Diphu in Title Suit No. 7/2013 was upheld.
3. The challenging the aforesaid judgment, a second appeal has been preferred which is registered as RSA/190/2022. The said RSA has already been admitted by this Court under its order dated 16.12.2022.
4. The office note dated 23.02.2023 in RSA/190/2022 reflects that the notice has duly been served upon the sole respondent. However, none appears for the sole respondent.
5. As the connected second appeal has already been admitted, the impugned judgment dated 14.09.2022 passed by the learned Civil Judge, Karbi Anglong in Title Appeal No. 3/2022 shall remain suspended till disposal of the connected RSA/190/2022.
6. Accordingly, this I.A. stands disposed of.
JUDGE Page No.# 4/4 Comparing Assistant