Gauhati High Court
Smt. Rita Lala (Bhuiya) vs Smt. Bhanumati Lala And 9 Ors on 7 February, 2025
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GAHC010019442025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/35/2025
SMT. RITA LALA (BHUIYA)
W/O SRI AMIT BHUIYA, BHUIYA GADDI ROAD, JANIGANJ BAZAR, P.O.-
SILCHAR, DIST-CACHAR
VERSUS
SMT. BHANUMATI LALA AND 9 ORS.
W/O LATE KANAILAL LALA, R/O CENTRAL ROAD, P.O. AND P.S.-SILCHAR,
DIST- CACHAR, ASSAM, PIN-788001
2:AMARESH SINGH
S/O LATE ISWAR DAYAL SINGH
R/O EAST NARSING ROAD
AMBICAPATTY
SILCHAR TOWN
P.O. AND P.S.-SILCHAR
DIST- CACHAR
ASSAM
PIN-788004
3:HRITESH SRIVASTAVA
S/O LATE MAHENDRA LAL SRIVASTAVA
R/O ITKHOLA
P.O. AND P.S.-SILCHAR
DIST- CACHAR
ASSAM
PIN-788002
4:HIMANGSU RANJAN DEB
S/O LATE HARISH CHANDRA DEB
R/O CENTRAL ROAD
P.O. AND P.S.-SILCHAR
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DIST- CACHAR
ASSAM
PIN-788001
5:MOTILAL LALA
S/O LATE MOHANLAL LALA
R/O R/O CENTRAL ROAD
P.O. AND P.S.-SILCHAR
DIST- CACHAR
ASSAM
PIN-788001
6:MANOJ LALA
S/O LATE MOHANLAL LALA
R/O R/O CENTRAL ROAD
P.O. AND P.S.-SILCHAR
DIST- CACHAR
ASSAM
PIN-788001
7:DIPAK LALA
S/O LATE MOHANLAL LALA
R/O R/O CENTRAL ROAD
P.O. AND P.S.-SILCHAR
DIST- CACHAR
ASSAM
PIN-788001
8:SMT. RINA LALA
D/O LATE MOHANLAL LALA
R/O R/O CENTRAL ROAD
P.O. AND P.S.-SILCHAR
DIST- CACHAR
ASSAM
PIN-788001
9:SMT. BINA LALA
D/O LATE MOHANLAL LALA
R/O R/O CENTRAL ROAD
P.O. AND P.S.-SILCHAR
DIST- CACHAR
ASSAM
PIN-788001
10:SMT. MINA LALA
D/O LATE MOHANLAL LALA
R/O R/O CENTRAL ROAD
P.O. AND P.S.-SILCHAR
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DIST- CACHAR
ASSAM
PIN-78800
Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY
Advocate for the Respondent : ,
BEFORE
HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
Date : 07-02-2025
Heard Mr. D. Chakrabarty, learned counsel for the petitioner.
2. The present Civil Revision Petition is filed under Article 227 of the
Constitution of India for invoking the supervisory jurisdiction of this Court to
direct the learned Executing Court of the learned Civil Judge (Senior Division)
No. 2, Cachar, Silchar in T.Ex. Case No. 4/2012 to carry out the execution of the
decree in Title Suit No. 23/1987 expeditiously.
3. The learned counsel for the petitioner submits that this Court in CRP(I/O)
No. 21/2023 dated 18.01.2023 had disposed of the Civil Revision Petition with a
direction that the learned Executing Court of the learned Civil Judge (Senior
Division) No. 2, Cachar, Silchar in T.Ex. Case No. 04/2012 shall make an
endeavor for settlement of all objections within the premises of Section 47 of
the Court of Civil Procedure Code so as to ensure an easy rational execution of
the decree in accordance of law.
4. The learned counsel submits that in spite of this order, the learned Court
of Civil Judge-2, Cachar District has to refrain from applying the provisions of
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Order XXI Rule 24 of the Code of Civil Procedure in issuing process of execution
so as to execute the decree of partition dated 28.10.2009 by putting the
petitioner in possession of the allotted share of the suit property.
5. The learned counsel for the petitioner submits that all the respondents
arrayed in the present Civil Revision Petition are proforma respondents since
none of them are against the execution of the decree in Title Suit No. 23/1987
which has reached its finality. He therefore submits that no formal notice is
required and prayed that the matter may be disposed of at the motion stage
itself by passing a similar order passed by this Court in CRP(I/O) No. 21/2023
dated 18.01.2023 by giving a stipulated time framed. The learned counsel
submitted that this matter has been kept pending and adjourned on several
Court dates without carrying out the execution of the decree in spite of the
judgment and order of this Court dated 18.01.2023 in CRP(I/O) No. 21/2023.
6. Having considered the submissions made by the learned counsel for the
petitioner, this Court considering the nature of the prayer made in the present
Civil Revision Petition under article 227 of the Constitution of India which is for
this Court to invoke its supervisory power, this Court finds it fit to dispose of the
present Civil Revision Petition at the motion stage itself by directing that the
Court of learned Executing Court, Civil Judge-II, Cachar, Silchar to make an
endeavor in Title Execution Case No. 04/2012, for settlement of all objections, if
any, so as to ensure an expeditious rational execution of the decree in Title Suit
No. 23/1987 in accordance with law preferably within a period of 3 (three)
months from the date of receiving a copy of this order.
7. Registry to take steps for furnishing the copy to the learned Executing
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Court.
8. The instant CRP(I/O) No. 35/2025 stands disposed of as above.
JUDGE
Comparing Assistant
