MALABIKA DAS Vs. KANDARPA BARUAH

JUDGEMENT

(1.) Heard Mr. SP Roy, the learned counsel appearing on behalf of the petitioner.

(2.) This is an application under Sec. 115 of the Code of Civil Procedure, 1908 (for short, the Code), read with Sec. 151 of the Code challenging the order dt. 2/4/2025 passed by the Court of the learned Additional District Judge No.1, Kamrup (M) at Guwahati (for short, 'the learned Appellate Court'), whereby the application filed under Sec. 151 for grant of a stay to the execution proceedings being Title Execution Case No.4/2023 pending before the Court of the learned Civil Judge No.3, Kamrup (M) at Guwahati was rejected.

(3.) This Court prior to dictating the instant order enquired with the learned counsel appearing on behalf of the petitioner as to whether he would like to convert the instant application to a proceedings under Article 227 of the Constitution. The learned counsel submitted that by the instant proceedings the revisional jurisdiction of this Court under Sec. 115 of the Code has been invoked on the ground that the learned Court failed to exercise the jurisdiction and if the application under Sec. 151 of the Code would have been allowed, it would amount to the disposal of the said application.