CRP 184/2010. Gauhati High Court
| Case Number | CRP 184/2010 |
| Judgement Date | April 20, 2019 |
| Court | Gauhati High Court |
THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
CRP 184/2010
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Smt. Kunti Choudhury,
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Sri, Krishna Nandan Choudhury,
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Smt. Pnki Choudhury,
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Smt. Bonty Choudhury
…………..Petitioners
-Vs-1. Sri. Nitai Patra,
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Sri. Issak Munda,
BEFORE
HON’BLE MR. JUSTICE KALYAN RAI SURANA
Advocates for the Petitioners : Mr. D P Chaliha,
Ms. S M Choudhury,
Mr. B Banerjee,
Ms. C Mazumdar
………….Advocates
Advocates for the Respondents : Mr. D Saikia,
Mrs. A Verma,
Mr. R Bora,
Mr. B Gogoi
…………………Advocates
Date of Hearing & Judgment : 20.04.2017
JUDGMENT AND ORDER (Oral)
Heard Ms. C Mazumdar, learned counsel for the petitioners. None appear on call for the respondents.
Page 1 of 5
…………Respondents
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As per order dated 30.5.2016, the notices have been duly served. By filing this application under Article 227 of the Constitution of I ndia, the petitioner has challenged the order dated 23.4.2010 passed by the learned Munsiff, Kaliabor in Title Execution Case No. 5(K)/ 2008.
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I t is submitted that the petitioners are the plaintiffs in Title Suit No. 2(K)/ 2005 and the said suit was filed for recovery of possession of the suit land described in Schedule-‘Kha’ of the plaint and for declaration of their right. The said suit was allowed by judgment and decree dated 21.12.2008 by declaring the plaintiffs’ right over the suit land and for recovery of possession of the Schedule-‘Kha’ suit land in favour of the plaintiffs. The respondents herein did not file any appeal and the judgment and decree as aforesaid had attained finality. However, when the decree was put into execution by filing Title Execution Case No. 5(K)/ 2008, the respondents filed an objection under Section 47 of the CPC. However, the said objection was dismissed by the learned Munsiff, Kaliabor by an order dated 21.12.2008 passed in Title Execution Case No. 5(K)/ 2008. I t is projected that in the proceeding of the suit, and an application was filed by the petitioner under Order XXVI Rule 9 read with Section 151 of the CPC for appointment of a Survey Commission for the purposes of identification of the suit property.
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The learned counsel for the petitioners submits that pursuant to the orders passed by the learned trial court, a local inspection was made to identify the suit land and pursuant to that, a memorandum was prepared on 19.8.2006, and only thereafter the suit was decreed as aforesaid on 21.12.2006. I t is submitted that thereafter the petitioner herein again...
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