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Gauhati High Court
Smti Luna Kailita vs Smti Kiran Baruah Alias Kiran Baruah ... on 10 December, 2025
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GAHC010254442025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/504/2025
SMTI LUNA KAILITA
RESIDENT OF BAROHOLIA, MOUZA- MAHABHAIRAB, DIST. SONITPUR,
ASSAM
VERSUS
SMTI KIRAN BARUAH ALIAS KIRAN BARUAH BAISHYA AND ANR
W/O- LATE ISHAN BARUAH, RESIDING AT FC ROAD, UZAN BAZAR,
HOUSE NO. 589, NEAR LATASHIL FIELD, P.O. UZANBAZAR, GUWAHATI,
THROUGH HER ATTORNEY AND SON IN LAW SRI SWAPNIL BHARALI, R/O-
FLAT NO. 502, MAGHAMALLAR NRJT-II, KHARGULI ROAD, KHARGULI,
GUWAHATI-781004.
Advocate for the Petitioner : DR P C MAZUMDAR, MR T MAZUMDAR
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 10.12.2025
1. Heard Dr. P.C Mazumdar, learned counsel for the petitioner.
2. This application under Article 227 of the Constitution of India has been filed by the
petitioner Smt. Luna Kalita impugning the issuance of Writ dated 05.06.2025 passed by
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the Court of Ld. Civil Judge, Sr. Division, Sonitpur, Tezpur in Title Execution Case No.
11/2022.
3. Learned counsel for the petitioner has submitted that the respondents had instituted a
title suit being title suit No. 05/2018 before the Court of Ld. Civil Judge, Sr. Division,
Sonitpur, Tezpur and the said suit was decreed by the decree dated 31.03.2022 whereby
the plaintiff was found entitled to the relief of recovery of the suit premises by a winting
the defendant (present petitioner) and for recovery of rent due from the month of
January 2015 and December 2017 at the rate of Rs. 11,000/- per month and from the
month of May 2018 till recovery of the suit premises at the rate of Rs. 12,000/- per
month. Learned counsel for the petitioner has submitted that the aforesaid judgment and
decree of the Ld. Trial Court was challenged by the present petitioner by preferring an
appeal which was registered as Title Appeal No. 01/2022 before the Court of Ld. District
Judge, Sonitpur, Tezpur. He submits that the appellate Court, while upholding the decree
regarding eviction of the present petitioner from the suit premises had made
modifications regarding the portion of the Trial Court's judgment whereby the realization
of rent for the suit premises was directed. He submits that by the judgment and decree of
the appellate Court it was held that the plaintiff was not entitled to recovery of rent from
the month of January 2015 to December 2015 at the rate of Rs. 11,000/- per month.
Further, it was also held by the appellate Court that the plaintiff is also not entitled to get
an enhancement rent of Rs. 12,000/- per month from the month of May 2018 till recovery
of the suit premises. It was held by the appellate Court that the plaintiff was only entitled
to recovery of rent at the rate of Rs. 11,000/- per month from 12.07.2015 till realization
and not before the said date.
4. Learned counsel for the petitioner has submitted that this fact was brought to the
notice of the executing Court by the present petitioner by filing an application on
14.07.2023. Further, he submits that Ld. Trial Court did not consider the said application
and issued the impugned writ for realization of rent of the suit premises to the tune of Rs.
12,36,000/- . He submits that the competition of the outstanding rate made by the
executing Court is on the basis of Trial Court's order and it has not taken into
consideration the modification and alteration made regarding the rent to which the
respondent/decree holder are entitled to. Learned counsel for the petitioner submits that
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if the modification made by the appellate Court in the Trial Court's decree is taken into
consideration, the outstanding rent, to which the judgment dated would be entitled,
comes to a tune of Rs. 9,08,500/- only and not Rs. 12,36,000/- as shown in the
impugned rate issued by the executing Court.
5. Issue notice to the respondent and call for the scanned copy of the records of Title
Execution Case No. 11/2022.
6. The petitioner shall take steps for issuance of notice by speed post as well as by usual
mode within 3(three) days from the date of this order returnable on 08.01.2026.
7. Learned counsel for the petitioner has submitted that in the meanwhile on 30.11.2023,
the petitioner has already vacated the suit premises.
8. Meanwhile, considering the submissions made by learned counsel for the petitioner as
discussed in the foregoing paragraphs as well as contentions raised by him, the further
proceedings of Title Execution Case No. 11/2022 is stayed till the next returnable date.
9. List accordingly.
JUDGE
Comparing Assistant
