Gauhati High Court
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GAHC010228102023
2025:GAU-AS:14002
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/379/2023
SADHAN DAS S/O LATE RATHINDRA KUMAR DAS, R/O SOLAPARA,
PALTAN BAZAR, GUWAHATI-781007, DIST-KAMRUP (M), ASSAM, P/R/A
VAISHALI HOUSING SOCIETY CO-OPERATIVE, FLAT B-2, SHANTI RAM
DAS PATH, P.O.-REHABARI, DIST-KAMRUP (M), ASSAM
VERSUS
ANIL CHOUDHURY S/O LATE SONELAL CHAUDHARY, PROPRIETOR OF
GIFT PLACE SHOP, OPP. NEPALI MANDIR, M.D. SAH ROAD, REHABARI,
GUWAHATI-781008, P.S.-PALTANBAZAR, DIST-KAMRUP (M), ASSAM
Advocate for the Petitioner : MR. R K BHUYAN, MR. M KASHYAP,MR A ZAMAN
Advocate for the Respondent : MR. N ALAM (R-1), MS. B JAIN (r-1)
BEFORE
HONOURABLE MR. JUSTICE BUDI HABUNG
ORDER
Date : 22.10.2025
Heard Mr. A. Singh, learned counsel for the petitioner. Also heard Mr. S.
P. Roy, learned counsel for the respondent.
2. The petitioner has filed this application under Article 227 of the
Constitution of India seeking a direction for early disposal of the Appeal
pending before the learned additional District Judge, arising out of execution
Case.
3. The case of the petitioner is that he instituted Title Suit No.205/2002 for
declaration of right, title and interest, recovery of possession and for
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permanent injunction in respect of the suit land. The suit was dismissed by the
learned Civil Judge No.3, kamrup, Guwahti on 13.06.2006. However, on
appeal, the learned District Judge Kamrup(M), Guwahati by judgment and
decree dated 27.02.2007, decreed the suit declaring the right, title and
interest of the petitioner and also granted recovery of possession and
injunction in respect of the suit land.
4. The petitioner thereafter filed execution petition for enforcement of the
decree. During pendency of the said execution proceeding, the respondent
filed an application under Order XXI Rule 97,98 and 101 of the Code of Civil
Procedure before the Executing Court questioning the executability of the
decree. The said application was rejected by the executing Court vide order
dated 23.12.2010.
5. Aggrieved by the said order, the respondent preferred an title Appeal
before the learned Additional District Judge No.3, Kamrup(M), Guwahati,
which is still pending disposal. The petitioner has, therefore approached this
Court seeking an appropriate direction for early disposal of the said appeal.
6. At this stage, the learned counsel for the respondent submits that the
matter was heard by the learned appellate Court on 22.08.2023 and it was
fixed for delivery of judgment on 09.09.2023. However, in the meantime, the
Presiding Officer of the concerned court has been transferred and the new
incumbent is yet to be transferred and join.
7. In view of the above circumstances, and considering that the matter
pending since 2011 was ultimately heard, this Court is of the opinion that no
prejudice would be caused to either party if a direction is issued for
expeditious disposal of the pending appeal.
8. Accordingly, the learned Additional District Judge No.3, Kamrup(M),
Guwahati, or such other court to which the matter may be assigned, is
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directed to dispose of the pending Appeal- T.A. No. 19(A)2016, as
expeditiously as possible, preferably within a period of sixty (60) days from
the date of joining of the new presiding Officer, or, from the date of
receipt/production of a certified copy of this order, whichever is later.
9. The parties are directed to cooperate with the learned court below to
ensure early disposal of the matter.
10. With the above observation and direction, the present petition stands
disposed of.
JUDGE
Comparing Assistant
