Gauhati High Court
Page No.# 1/7 vs Smt Sushila Dixit on 10 February, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/7
GAHC010023262025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/10/2025
SMT. SAKUNTALA SARDA and 21 Ors
W/O, LATE SHIV SANKAR SARDA
2: SRI SUNIL SARDA
S/O LATE SHIV SANKAR SARDA
3: SMT. MEERA SARDA
W/O
LATE SUJIT SARDA
4: SMT. SHIVANI SARDA
D/O SUJIT SARDA
5: SMT. SHREYA SARDA
D/O SUJIT SARDA
6: SMT. LILA DEVI SARDA
D/O LATE GOURI SANKAR SARDA
7: SRI RAMESH SARDA
S/O LATE GOURI SANKAR SARDA
8: SRI MAHESH SARDA
S/O LATE GOURI SANKAR SARDA
9: SRI UMESH SARDA
S/O LATE GOURI SANKAR SARDA
10: SMT. SUNITA SARDA
D/O LATE GOURI SANKAR SARDA
11: SMT. VINITA SARDA
D/O LATE GOURI SANKAR SARDA
Page No.# 2/7
12: SRI RAVI SANKAR SARDA
AGED ABOUT 59 YEARS
13: SMT. SANGEETA SARDA
W/O LATE SANTOSH SARDA
14: SRI SUMEET SARDA
S/O LATE SANTOSH SARDA
15: SRI PRASHANT SARDA
S/O LATE SANTOSH SARDA
16: SRI KUMAR BAGRI
S/O
LATE CHANDRA SARDA AND GOKUL CHAND BAGRI
17: SMT. MANISHA BAGRI
D/O
LATE CHANDRA SARDA AND GOKUL CHAND BAGRI
R/O JANIGANJ BAZAR
18: SMT. INDU SARDA
AGED ABOUT 76 YEARS
19: SMT. USHA SARDA
AGED ABOUT 74 YEARS
20: SMT. SEEMA SARDA
AGED ABOUT 70 YEARS
21: SMT. NEEMA SARDA
AGED ABOUT 68 YEARS
22: SMT. ASHA SARDA
ALL RESIDENTS OF JANIGANJ BAZAR
P.O-SILCHAR
P.S- SILCHAR
DIST. CACHAR
ASSA
VERSUS
SMT SUSHILA DIXIT
WIFE OF SHYAM SUNDAR DIXIT, D/O LATE SURENDRA NARAYAN SUKUL
2:SMT SUNITA DUBEY
WIFE OF NARAYAN DUBEY
D/O LATE SURENDRA NARAYAN SUKUL
Page No.# 3/7
3:SMT MANJU GURSAHANI
DAUGHTERS OF LATE SURENDER NARAYAN SUKUL
4:SMT KUSUM SUKUL
WIFE OF LATE BISWAJIT SUKUL
5:SMT ANURADHA SUKUL
D/O LATE BISWAJIT SUKUL
6:SMT ANUREKHA SUKUL
D/O LATE BISWAJIT SUKUL
7:PRIYANKA SUKUL
D/O LATE BISWAJIT SUKUL
8:SANGITA KURMI
WIFE OF BABUL KURMI
D/O LATE MANORAM DEVI
9:ANUP AGNIHOTRI
SON OF LATE SURMONI AGNIHOTRI
10:SRI AJOY AGNIHOTRI
SON OF LATE SURMONI AGNIHOTRI
11:SMT SAROJ SUKUL
D/O LATE SARBAJIT SUKUL
12:POONAM SUKUL
D/O LATE SARBAJIT SUKUL
13:SONIA SUKUL
D/O LATE SARBAJIT SUKUL
14:SMT SIBANI SUKUL
WIFE OF LATE BIKRAM SUKUL
15:SMTI. GEETA SUKUL
WIFE OF LATE AMARJIT SUKUL
16:SRI JITENDRA SUKUL
SON OF LATE AMARJIT SUKUL
17:SRI DIPAK SUKUL
SON OF LATE AMARJIT SUKUL
18:SMT GOURI SUKUL
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WIFE OF MANISH SINGH AND DAUGHTER OF AMARJIT SUKUL
ALL RESIDENTS OF CENTRAL ROAD
SILCHAR TOWN
DIST. CACHAR
ASSAM
For the petitioner (s) : Mr. D. Mazumdar, Sr. Advocate
Mr. C. Gogoi, Advocate
For the respondent (s) : XXX
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
10.02.2025
Heard Mr. D. Mazumdar, the learned senior counsel
assisted by Mr. C. Gogoi, the learned counsel appearing on behalf
of the petitioners.
2. The instant proceedings which is initiated by invoking the
powers under Article 227 of the Constitution is to a challenge to
the order dated 29.11.2024 passed in Misc.(J) Case
No.138/2024. Taking into account the order which was passed on
29.11.2024 and further the direction so passed on 28.10.2024 in
CRP(IO) No.431/2024, this Court is of the opinion that the
interest of justice would be met if the instant proceedings is
disposed of at this stage, even without issuance of notice upon
the respondents.
3. From the records, it is apparent that against the judgment and
decree dated 31.03.2022 passed in Title Appeal No.14/2000, an
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execution proceedings being Title Execution Case No.55/2023
was instituted by the decree holders. In the said proceedings, an
application was filed by the judgment debtors under Section 47
of the Code of Civil Procedure, 1908 (for short, 'the Code') which
was registered and numbered as Misc.(J) Case No.138/2024.
When the said application was filed under Section 47 of the
Code, the learned Executing Court issued notice vide an order
dated 20.09.2024 upon the decree holders. Being aggrieved by
the issuance of notice to the decree holders on the ground that
the decree holders were duly represented in the Title Execution
Case No.55/2023, the decree holders approached this Court by
filing a proceeding which was registered and numbered as
CRP(IO) No.431/2024.
4. This Court vide an order dated 28.10.2024 taking into account
that the decree holders were duly represented by the engaged
counsel interfered with the order dated 20.09.2024 and directed
the learned Executing Court to proceed to hear and dispose of
the Misc.(J) Case No.138/2024 in Title Execution Case
No.55/2023 within a period of 2 (two) months from the date of
receipt of the certified copy of the order.
5. It shocks and surprises this Court to see the impugned order
dated 29.11.2024 by which the learned Executing Court, i.e. the
Court of the Civil Judge (Junior Division) No.2, Cachar, Silchar
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had disposed of Misc.(J) Case No.138/2024. The relevant
paragraphs of the said order is reproduced herein under:-
"Heard the Ld. Counsel for the petitioner.
Upon perusal of the Order of Hon'ble Gauhati High Court in Case
No. CRP(IO)/431/2024 dtd. 28.10.2024, it transpires that the Order
dtd. 28.09.2024 of this Court had been set aside and quashed.
Further, it also appears that the Hon'ble Gauhati High Court had
directed to hear and disposed of the instant Misc. Case no.
138/2024 in Title Execution No. 55/2023, in accordance with law, as
soon as practicable.
Furthermore, it is also directed by Hon'ble Gauhati High Court
that this court, being the executing court shall make an endeavour
to dispose of the petition U/S 47, read with Section 151 of CPC
within a period of two months from the date of receipt of certified
copy of the Order dtd. 28.10.2024.
Accordingly, the instant Misc(J) Case 138/2024 arising out of
Title Execution Case No. 55/2023 is disposed of as per the Order of
Hon'ble Gauhati High Court.
The Title Execution case No. 55/2023 is restored to its previous
stage."
6. From a perusal of the contents of the above quoted order, it
would be seen that the learned Executing Court had merely
disposed of Misc.(J) Case No.138/2024 by a single stroke of the
pen which is contrary to the well settled principles of law. The
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learned Executing Court ought to have decided the said
application under Section 47 of the Code which was registered as
Misc.(J) Case No.138/2024 on merits, and thereupon, should
have disposed of the same by assigning reasons which is one of
the hallmarks of any judicial order.
7. Taking into account that the impugned order dated 29.11.2024
passed in Misc.(J) Case No.138/2024 shocks the judicial
conscience of this Court, exercise of the jurisdiction under Article
227 of the Constitution is required and necessary. Accordingly,
the impugned order 29.11.2024 passed in Misc.(J) Case
No.138/2024 is set aside and quashed.
8. The learned Executing Court, i.e. the Court of the Civil Judge
(Junior Division) No.2, Cachar, Silchar is directed to decide the
Section 47 application on its merits as per the settled principles
of law and then dispose of the same within 2 (two) months from
13.02.2025 which is the next day fixed in the execution
proceedings.
9. In view of the above, the instant proceedings stands disposed
of.
JUDGE
Comparing Assistant
