Dipak Saha vs Subal Dey @ Subal Kr Dey
2022 Latest Caselaw 2042 Gua

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GAHC010056942021




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

                                 Case No. : CRP(IO)/34/2021

            DIPAK SAHA
            S/O LATE DHIRENDRA CHANDRA SAHA, R/O H/N-128, LUXMI VILLA, G.S.
            COLONY, FATASIL, P.S.-BHARALUMUKH, GUWAHATI-09, KAMRUP(M),
            ASSAM



            VERSUS

            SUBAL DEY @ SUBAL KR DEY
            S/O SANTOSH KUMAR DEY, R/O H/N-128, LUXMI VILLA, G.S. COLONY,
            FATASIL, P.S.-BHARALUMUKH, GUWAHATI-09, KAMRUP(M), ASSAM



Advocate for the Petitioner   : MR. R J BORDOLOI

Advocate for the Respondent : N CHAUDHURY




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

08.06.2022

Heard Mr. R. Ali, the learned counsel appearing on behalf of the petitioner. He submits that taking into consideration the directions passed by the Executing Court on 06.07.2019 in Misc. (J) Case No. 90/2019 arising out of Title Execution Page No.# 2/2

Case No. 24/2018, he does not want to press the instant proceedings. However, he submits that he may be permitted to file appropriate application for inserting the proper boundary of the Schedule-A premises as the same is a part of the duty cast upon the Executing Court in terms of the judgment of the Supreme Court in the case of Pratibha Singh vs. Shanti Devi Prasad reported in (2003) 2 SCC 330.

Upon hearing the learned counsel for the petitioner and taking into account that it is the duty of the Executing Court under Section 47 of the Code of Civil Procedure to decide all questions arising between the parties in the suit relating to execution, discharge or satisfaction of the decree, the Court permits the petitioner to withdraw the said application and if the law so permits, the petitioner may file appropriate application indicating the proper boundaries of the Schedule-A property.

The interim order dated 26.03.2021 stands vacated and the Court of the Munsiff No. 2, Kamrup (M) shall proceed with Misc (J) Case No. 90/2019 in accordance with law.

The parties are directed to appear before the Executing Court on 27.06.2022.

With the observations made above, the petition accordingly stands disposed of.

JUDGE

Comparing Assistant