Gauhati High Court
Bhupen Deka vs Srimanta Medhi And Anr on 22 November, 2024
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GAHC010244312024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/480/2024
BHUPEN DEKA
S/O LATE HARENDRA NATH DEKA
RESIDENT OF HOUSE NO. 1 GITANAGAR, MODGHORIA NEAR MODERN
SCHOOL, PS GITANAGAR, GUWAHATI DIST KAMRUP M ASSAM 781026
VERSUS
SRIMANTA MEDHI AND ANR
S/O LATE SONESWAR MEDHI,
RESIDENT OF NO. 2, JIAKUR, PO AND PS CHHAYGAON, DIST KAMRUP
ASSAM 781134
2:SRI NAGEN CHANDRA DAS
S/O LATE PRAFULLA DAS
RESIDENT OF NOWAPARA
PO AND PS CHHAYGAON
DIST KAMRUP ASSAM 78112
Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA
Advocate for the Respondent : ,
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
22.11.2024
Heard Mr. A. Khanikar, learned counsel for the petitioner.
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2. In this petition under Article 227 of the Constitution of India, read with Section 151
of the Code of Civil Procedure, the petitioner has put to challenge the correctness or
otherwise of the orders dated 05.08.2024 and 03.10.2024 as well as the order dated
28.09.2021, passed by the learned Civil Judge (Senior Division) No.1, Kamrup(M) at
Guwahati in Money Execution Case No.13/2021. It is to be noted here that vide impugned
orders dated 28.09.2021, the learned Civil Judge No.1, Kamrup(M), Guwahati, has issued
writ of attachment upon the judgment-debtor and vide impugned order dated
05.08.2024, the learned Executing Court has dismissed the Petition No.5120/2024 filed by
the petitioner for adjournment on the ground that he has already applied for sale
permission before the Deputy Commissioner, Kamrup(M) for sale of a plot of land to pay
the decreetal amount and therefore, prays for adjournment of the case and vide
impugned order dated 03.10.2024, the learned Executing Court has again dismissed the
petition for adjournment filed by the petitioner.
3. Mr. Khanikar, learned counsel for the petitioner, submits that in fact, he has not
been challenged the correctness of the impugned orders dated 05.08.2024, 03.10.2024
and the order dated 28.09.2021, but he only prayed for granting him sometime, so that
he can sell a plot of land, for which he has already applied for permission before the
Deputy Commissioner, Kamrup(M), Guwahati and as soon as permission is received, the
decreetal amount will be paid.
4. Having heard the submission of learned counsel for the petitioner, I have carefully
gone through the impugned orders dated 05.08.2024, 03.10.2024 and 28.09.2021 and
also the petition and the grounds mentioned therein.
5. Taking note of all the facts and circumstances, this Court is inclined to dismiss this
petition as no apparent illegality is shown to have committed by the learned Executing
Court in the impugned orders so as to exercise the jurisdiction under Article 227 of the
Constitution of India.
6. However, in view of the assurance of payment of the decreetal amount, being given
by the petitioner, the learned Executing Court is directed to grant 2(two) months' time to
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the petitioner.
7. In terms of above, this revision petition stands disposed of.
Sd/- Robin Phukan
JUDGE
Comparing Assistant
