Nerswn Boro vs Sri Pradip Toppo
2025 Latest Caselaw 5837 Gua

Gauhati High Court

Nerswn Boro vs Sri Pradip Toppo on 27 June, 2025

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GAHC010139962025




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

                                   Case No. : CRP/87/2025

            NERSWN BORO
            SON OF LATE BORONDA BORO, A PERMANENT RESIDENT OF VILLAGE
            BARENGBARI, DIMAKUCHI, UDALGURI, ASSAM



            VERSUS

            SRI PRADIP TOPPO
            SON OF PITOR TOPPO, RESIDENT OF VILLAGE BURAH PUJAHALI,
            PACHIMPATLA, UDALGURI, BTAD, ASSAM



Advocate for the Petitioner   : MS B H SHIRIN,

Advocate for the Respondent : ,




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

27.06.2025

Heard Mr. M.H. Saikia, learned counsel for the petitioner.

2. In this petition under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, the petitioner has challenged the order dated 10.06.2025 Page No.# 2/2

passed by the learned Civil Judge (Sr. Division), Udalguri, in Title Execution Case No.02/2022. It is to be noted here that vide impugned order dated 10.06.2025, the learned Executing Court pursuant to the Order No.18, dated 25.03.2025 issued by this Court has dismissed the petition filed by the petitioner for allowing him sometime to make payment of the decretal amount and thereafter, directed by the decree holder to take necessary step for attachment of the vehicle (Mahindra Scorpio) belonging to the judgment debtor, the present petitioner.

3. Mr. Saikia, learned counsel for the petitioner submits that the petitioner could not make payment of the entire amount on account of illness of his parents and both of whom already suffered demise and he needs sometime to make payment of the aforesaid amount and therefore, it is contended to allow this petition.

4. Having heard the submission of learned counsel for the petitioner, I have carefully gone through the petition and the documents placed on record and also perused the impugned order dated 10.06.2025.

5. It appears that the Title Execution Case No.02/2022 was registered in the year 2022 and till date three years have already elapsed. It is also to be noted here that Hon'ble Supreme Court in the case of Periyammal (Dead) Through Lrs. & Ors. v. V. Rajamani & Anr. etc. [SLP(C) Nos.8490-8492/2020] has fixed 6(six) months as the timeline for completion of the execution proceeding.

6. In view of above, the impugned order cannot be said to be suffered from any illegality or impropriety requiring any interference of this Court. Accordingly, this petition stands dismissed.

Sd/- Robin Phukan JUDGE

Comparing Assistant