Page No.# 1/3 vs Smti Puspa Jha And 3 Ors
2025 Latest Caselaw 7647 Gua

Gauhati High Court

Page No.# 1/3 vs Smti Puspa Jha And 3 Ors on 25 September, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                Page No.# 1/3

GAHC010215402025




                                                          2025:GAU-AS:13263

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

                           Case No. : CRP/131/2025

         M/S BISSESWARLAL MANNALAL AND SONS
         REPRESENTED BY ITS DULY CONSTITUTED ATTORNEY SRI ISHVARLAL
         BHUDARBHAI UBHADIA, AGED ABOUT 69 YERAS, SON OF BUDHARBHAI
         UBHADIA, REGISTERED OFFICE AT 12, PRETORIA STREET, 5TH FLOOR,
         KOLKATA - 700016, WEST BENGAL, PRINCIPAL PLACE OF BUSINESS
         ROSEKANDY TEA ESTATE, ROSEKANDY, CACHAR, ASSAM



         VERSUS

         SMTI PUSPA JHA AND 3 ORS.
         WIFE OF LATE RAMANANDA JHA, R/O FAKIURTILLA, P.O.- BARAKHAI,
         P.S.- SILCHAR, DIST- CACHAR, PIN-788113

         2:RAJIB JHA
          SON OF LATE RAMANANDA JHA
          R/O FAKIURTILLA
          P.O.- BARAKHAI
          P.S.- SILCHAR
          DIST- CACHAR
          PIN-788113

         3:RAHUL JHA
          SON OF LATE RAMANANDA JHA
          R/O FAKIURTILLA
          P.O.- BARAKHAI
          P.S.- SILCHAR
          DIST- CACHAR
          PIN-788113

         4:SMTI KHUSBU JHA
          DAUGHTER OF LATE RAMANANDA JHA
          R/O FAKIURTILLA
                                                                            Page No.# 2/3

             P.O.- BARAKHAI
             P.S.- SILCHAR
             DIST- CACHAR
             PIN-78811

Advocate for the Petitioner   : MR. M SAIKIA,

Advocate for the Respondent : ,




                                       :: BEFORE ::
                   HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA


                                       O R D E R

25.09.2025

Heard Mr. M. Saikia, the learned counsel appearing for the petitioners.

2. This application has been filed under Article 227 of the Constitution of India challenging the order dated 08.08.2025 passed by the learned Civil Judge (Sr. Divn.) No.2, Cachar, Silchar in title Execution Case No.26/2025.

3. The petitioner(s) is the decree holder in T.S. No.31/2017. The respondents being the defendants were directed to supply 2,30,000 bricks to the petitioner(s). The petitioner(s) being the decree holder filed an application for execution of the decree. The decree was for supply of bricks and in the alternative payment of Rs.21,047/-. This petition was dismissed by the learned trial court on the ground that the decree holder did not make any specific prayer as to how the decree was to be enforced.

4. I have considered the submissions made by Mr. Saikia. I have also considered the materials available with the record.

5. Execution of a decree is a duty of a court. The decree holder need not teach the court as to how a decree has to be executed. The learned trial court did not apply any Page No.# 3/3

judicial mind before dismissing the application. How a decree is to be executed is the duty of the executing court. Therefore, the impugned order is bad in law and stands set aside.

6. The executing court of the learned Civil Judge (Sr. Divn.) No.2, Cachar, Silchar is

directed to execute the decree in terms of the judgment dated 27 th August, 2024 passed in Title Suit No.31/2017.

With the aforesaid direction, the present petition is disposed of.

JUDGE

Comparing Assistant