AMAR NATH KUMAR Vs. AMAR NATH KUMAR

JUDGEMENT

(1.) THE matter has been placed before this Bench in view of the order dated 12.05.2009 passed by a Division Bench referring the question of scope of Section 54 CPC in relation to executability of a Civil Court decree for partition of undivided estate by Collector to larger Bench. One of the issues referred is whether the term 'estates' includes any piece of land in which case there may be conflict between Order 21 and Section 54 CPC. THE reference order is as follows:

(2.) THE respondent-plaintiff filed suit for partition of the scheduled property between the parties which included land assessed to payment of revenue to the Government. THE suit was filed in the year 1975. THE suit was decreed in the year 1988. THE decree holder filed proceedings for execution before the Revenue Court under Section 54 CPC. THE Assistant Settlement Officer, acting as Revenue Court, decided the application on 27.05.1993, against which an appeal was preferred by the decree holders before the Assam Board of Revenue under Section 151 of the Assam Land and Revenue Regulations, 1886 with a grievance that the order of the executing authority was not in terms of the decree. THE said Board vide order dated 08.04.2008 set aside the order of the Assistant Settlement Officer and remanded the matter for a fresh decision. THE appellant, aggrieved by the order of the Board, filed a writ petition in this Court which has been dismissed giving rise to this appeal. Lerned Single Judge rejected the contention of the appellant that preliminary decree of Civil Court was not executable in view of judgment of the Hon'ble Supreme Court in Hasham Abbas Sayyad Vs. Usman Abbas Sayyad, (2007) 2 SCC 355, it was followed:

(3.) LEARNED counsel for the appellant submitted that the Revenue Court could not execute the decree passed by the Civil Court and Section 54 CPC should be read as referring to a decree of Revenue Court.