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2007 Supreme(Gau) 545

AMITAVA ROY
Bibhu Charan Barua – Appellant
Versus
Nani Gopaldeva Goswami – Respondent


JUDGMENT

Amitava Roy, J.

1. Whereas the appeal registers a challenge to the order dated 9.4.2007 passed by the learned Civil Judge (Senior Division), Jorhat in Misc (J) Case No. 102/2007 arising out of Title Suit No. 1/2007 granting ad interim injunction in favour of the respondents/plaintiffs restraining the petitioner, his men, agents etc. from dispossessing them (respondents-plaintiffs) from the suit property pending disposal of the suit, the revision petition is directed against an order of the same date passed in Misc (J) Case No. 4/2007 registered on an application filed under Order 21, Rule 29 of the Code of Civil Procedure (hereinafter referred to as the 'Code') in Title Execution Case No. 1/2007 by the respondent-plaintiff, thereby staying the proceeding till disposal of the aforementioned suit. By the said order, the application under Section 47 of the Code submitted for stay of the execution proceeding by the Opposite party/judgment debtor was also allowed.

2. Misc Case No. 1916/2007 is registered on an application under Order 41, Rule 5 read with Section151 of the Code filed by the appellant/petitioner seeking suspension of the order dated 9.4.2007 passed in Misc (J) Case


























































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