SUDHIR RANJAN CHANDA Vs. UMA DUTTA

JUDGEMENT

(1.) This proceeding under Article 227 or the Constitution of India has been initiated for staying the Title Execution case No. 1(H) of 2012, now, pending in the Court of Munsiff, Shillong all the disposal of the Title Suit No. 26 (H) of 2002 in the Court of Assistant District Judge, Shillong which was preferred by the judgment debtor in the Title Execution case No. 1 (H) of 2012. It may be mentioned that the Title Suit No. 26(H) 2002 was dismissed for default and a proceeding under Rule 4 of Order 9 of the CPC has already been initiated for restoration of the dismissed suit which is waiting disposal. It may also be noted that the decree holder in the Title Execution case No. 1(H) of 2012 was the plaintiff in Title Suit No. 25 (H) of 1997 and the judgement debtor therein, viz., the Title Execution case No. 1(H) of 2012, was the defendant in Title Suit No. 25 (H) of 1997 who, as plaintiff, instituted the Title Suit No. 26 (H) of 2002 in the Court of Assistant District Judge seeking various relief against the defendant therein who, as stated above, was none other than the decree holder in Title Execution case No. 1(H) of 2012.

(2.) The facts, as it appears from the application of this proceeding and which are necessary for disposal of the proceeding in hand are that the respondent, herein, as plaintiff, has filed a suit in the Court of Munsiff Shillong seeking declaration of his right, title and interest over the land described therein as well as for recovery of such property. The said suit was registered as Title Suit No. 25(H) 1997. The property, so involved in Title Suit 25(H) 1997, would be described here-in-after as suit property.

(3.) On being served with summons of the proceeding, the defendant therein, who is the petitioner in the present proceeding, contested the same having filed written statement. On the conclusion of trial, the learned Munsiff decreed the suit land vide the judgment and order dated 09.07.03. The said decree was challenged before the Court of District Judge, Shillong on preferring an appeal which was registered as RFA (TCA) No. 4 (H) 2009.