Page No.# 1/3 vs Faizuddin Ahmed on 10 July, 2025

Gauhati High Court

Page No.# 1/3 vs Faizuddin Ahmed on 10 July, 2025

Author: Kalyan Rai Surana

Bench: Kalyan Rai Surana

                                                                  Page No.# 1/3

GAHC010045862025




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : I.A.(Civil)/2137/2025


         THE STATE OF ASSAM AND ORS
         REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF
         ASSAM
         HOME DEPARTMENT
         SACHIBALAYA
         GUWAHATI 6
         PIN 781006

         2: THE DISTRICT COMMISSIONER BAKSA
         DIST. BAKSA
         ASSAM

         3: THE SUPERINTENDENT OF POLICE
         BAKSA
         DIST. BAKSA
         ASSAM.

         4: THE SUB DIVISIONAL POLICE OFFICER
         SALBARI
         DIST. BAKSA
         ASSAM.

         5: THE OFFICER IN CHARGE
         GOBARDHANA POLICE STATION
         DIST. BAKSA
         ASSAM
         VERSUS

         FAIZUDDIN AHMED
         S/O LATE ABDUL HELIM
          R/O VILLAGE DHAKUA
          DIST. BARPETA
         ASSAM
                                                                      Page No.# 2/3



           ------------
           Advocate for : MRS. D DAS BARMAN
           Advocate for : appearing for FAIZUDDIN AHMED



                                 BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                       ORDER

Date : 10.07.2025

Heard Mr. D. Nath, learned senior Govt. advocate appearing on behalf of
the applicants as well as Mr. P.P. Das, learned counsel for the sole opposite
parties.

2. This interlocutory application has been filed under Order XLI Rule 5
read with Section 151 CPC. However, the Court is of the considered opinion that
as the connected appeal has not been registered, this application cannot be
accepted as an application Order XLI Rule 5 CPC. Therefore, this application is
accepted only under Section 151 CPC.

3. By filing this application under Section 151 CPC, the applicants have
prayed for stay of the execution of the judgment and decree dated 17.12.2022
passed by the learned Civil Judge, Senior Division, Baksa in Money Suit No.
3/2022, by which the suit of the respondent was decreed for a sum of Rs.15.00
lakh with interest @12% per annum from the date of decree till realization.

4. The learned counsel for the opposite parties opposes the application
on the ground that the connected appeal has not even been admitted for
hearing and the delay in filing the connected appeal has not been condoned.

5. On a consideration that as the decree has been put to execution,
Page No.# 3/3

pending consideration of the connected I.A.(C) 648/2025, which is an
application for condonation of delay, the Court is of the considered opinion that
till the next date of listing, the judgment and decree dated 17.12.2022 passed
by the learned Civil Judge, Senior Division, Baksa in Money Suit No. 3/2022 shall
remain suspended.

6. However, as a condition of the stay of the execution, the applicants
are directed to deposit a sum of Rs.3.00 lakh before the learned Executing Court
in connection with Money Execution Case No. 1/2023 within 21.07.2025 and
produce a proof of such deposit on the next date of listing.

7. The applicants are directed to produce a certified copy of this order
along with a deposit of Rs.3.00 lakh before the learned Executing Court to bring
this order to the notice of the said learned Court.

8. List on 23.07.2025.

JUDGE

Comparing Assistant