Heard Mr. Devashis Baruah, the learned counsel for the applicant/Appellant and Mr. Satyajit Sharma, the learned counsel for the Opp. Party/Respondent, who has appeared as Caveator.

2. By filing this application under the provisions of Order XLI Rule 5 of the Code of Civil Procedure, the applicant has prayed for the stay of the impugned order dated 13.12.2016 passed by the learned Civil Judge No.3, Kamrup (M), Guwahati, in Misc. (J) Case No. 168/16 arising out of T.S. No. 1/2012.

3. The case of the parties in brief is that one M/s. Manjula Business Consortium, Guwahati, which was the proprietorship concern of Mrs. Manjula H. Kalita (defendant No.1), entered into an agreement with the Opp. Party herein for selling a total of 8 (eight) numbers of shops and toilet space of different measurements aggregating an total area of 1,950 square feet (excluding wall thickness) in the ground floor of a building under the name of Dolly Enclave. The sale consideration was fixed at Rs.2,100/- per square feet and the Opp. Party herein had paid an advance of Rs.8,00,000/-, the balance being payable in accordance with the final measurement at the time of delivery of thereof to the Op