Gauhati High Court
Pannalal Debnath vs Madhumita Bhattacharjee ... on 31 October, 2025
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GAHC010184402025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/340/2025
PANNALAL DEBNATH
S/O LT NONI GOPAL NATH, R/O VILL- TUPKHANA, P.S.- HAILAKANDI,
DIST- HAILAKANDI, ASSAM
VERSUS
MADHUMITA BHATTACHARJEE (CHAKRABORTY) AND ANR
W/O SHYAMAL CHAKRABORTY, D/O LATE ASHUTOSH BHATTACHARJEE,
R/O HAILAKANDI TOWN, WARD NO-15, P.O., P.S. AND DIST- HAILAKANDI,
ASSAM
2:AMITAVA BHATTACHARJEE
S/O LATE ASHUTOSH BHATTACHARJEE
R/O HAILAKANDI TOWN
WARD NO-15
P.O.
P.S. AND DIST- HAILAKANDI
ASSA
Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA
Advocate for the Respondent : MR. S K GHOSH (R-1,2), MS F AHMED(R-1,2)
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
31.10.2025
1. Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard
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Mr. S.K. Ghosh, learned counsel for the respondents.
2. This application under Article 227 of the Constitution of India has been
filed by the petitioner namely Pannalal Debnath impugning the order dated
18.06.2025 passed in Misc. Case No.119/2025 arising out of Title Execution
Case No.02/2023.
3. The learned counsel for the petitioner has submitted that the petitioner
was given possession of the suit land in execution of the decree for specific
performance of contract passed in Title Suit No.17/2021. He submits that in
the said case the respondent no.2 of the present Civil Revision Petition
namely Amitava Bhattacharjee was the defendant/judgment debtor.
4. It is submitted by the learned counsel for the petitioner that the
present respondent no.1 namely Madhumita Bhattacharjee who is the sister
of the judgment debtor Amitava Bhatttacharjee filed an application under
order 21 Rule 97, 98 & 101 of the Code of Civil Procedure, 1908 in Title
Execution Case No.02/2023. The said petition was registered as Misc. Case
No.119/2025 and the proceedings of said Misc. case was going on and the
stage of evidence of the petitioner's side at the time of filing of the instant
Revision Petition.
5. He further submits that in the meanwhile the respondent no.1 namely
Madhumita Bhattacharjee had filed an application under Section 151 of the
Code of Civil Procedure, inter-alia, alleging that in the house situated over
the suit land the valuable articles of the said petitioner (respondent no.1) of
the instant case were there and same were removed from the said house by
the present petitioner and kept in garage and the prayer was made by the
said petitioner for directing the Police and the Nazir of the court keep all the
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belonging of the judgment debtor and the petitioner inside the house and to
attach in the house.
6. The learned counsel for the petitioner submits that on the basis of the
said application filed by the respondent no.1 under Section 151 of the CPC in
Misc. Case No.119/2025 was registered and the impugned order was passed
in the said Misc. case. He submits that the executing court erred in passing
the impugned order as it has ignored the fact that the possession of the suit
land was handed over to the present petitioner in execution of decree
passed in Title Suit No.17/2021.
7. He further submits that by order dated 26.08.2025 this court had
stayed the further proceeding of Misc. Case No.111/2025 arising out of Title
Execution Case No.02/2023 as well as further proceeding of Misc. Case
No.119/2025. On a pointed query posed by this court to the learned counsel
for the petitioner as to what is the present status of the suit property after
passing of the orders of the staying of further proceeding of Misc. Case
No.111/2025 as well as Misc. Case No.119/2025, the learned counsel for the
petitioner submits that an application under order 39 Rule 1 and 2 was filed
by the respondents in the Title Execution Case No.02/2023 whereby on the
basis of which Misc. Case No.116/2025 was registered, the said Misc. case
was disposed of by the court by preventing both the parties from changing
the nature and the feature of the suit land including the house standing
thereon till the disposal of Misc. Case No.111/2025.
8. On this, learned counsel for the respondents has submitted that the
order impugned in this Revision Petition has been passed in the Misc. Case
No.119/2025, however, by order dated 26.08.2025 this court has stayed the
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Misc. Case No.111/2025 which was not required.
9. I have considered the submissions made by the learned counsel for
both sides and have gone through the records of this case. The instant
CRP(IO)/340/2025 be listed after 2 weeks, in the meanwhile, the petitioner
shall inform this court regarding the present status of the suit land as well as
property situated over the suit land on the next date fixed.
10. Further as Misc. Case No.111/2025 was registered on the basis of an
application by the present respondent no.1 and one namely Anindita
Choudhury claiming themselves to the co-owner of the suit property which
was subject matter of the Title Execution Case No.02/2023, this court finds
no justification for staying the proceedings of said Misc. Case No.111/2025,
as staying the proceeding of said Misc. case would neither serve the cause of
justice nor is necessary for adjudication of instant CRP(IO).
11. Accordingly the stay granted on further proceeding of Misc. Case
No.111/2025 by this court in I.A.(C)/2806/2025 on 26.08.2025 is hereby
vacated. The executing court may proceed with the proceedings of Misc.
Case No.111/2025 arising out of Title Execution Case No.02/2023 in its
normal course.
12. It is here by clarified that this stay granted on the operation of order
dated 18.06.2025 in Misc. Case No.119/2025 by order dated 20.08.2025
shall continue till the next date.
13. The learned counsel for the respondents is allowed to take the copy
of notice as well as copy of petition filed by the petitioner which is lying in
the case records. The Registry to furnish the same to the learned counsel for
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the respondents.
14. Let the matter be listed after 2 weeks.
JUDGE
Comparing Assistant
