ABDUR REZZAK AMIN Vs. HABIYA BEGUM

JUDGEMENT

(1.) Recourse to Article 227 of the Constitution of India has been taken against the impugned orders dtd. 6/1/2024 and 22/1/2024 passed by the learned Civil Judge (Jr. Division), Hatsingimari, Dhubri in Misc. (J)/59/2022 and Title Execution/10/2019.

(2.) To understand the issue involved, it would be convenient if the brief facts of the case are narrated.

(3.) The petitioner is the defendant in the suit, being Title Suit/118/2016 which was for declaration and recovery of possession. The suit was decreed ex parte on 30/7/2019 and the plaintiff-decree holder had filed Execution Case/10/2019. Since, there were certain anomalies in the identification of the suit land, the present petitioner had earlier approached this Court by filing CRP/13/2021. The said revision petition was, however, disposed of vide order dtd. 1/11/2021 on a consensus arrived at by the parties that before execution, the land in question would be identified first. Subsequent thereto, a report was called for by the concerned ASO whereafter such report was submitted by the concerned Lat Mondal on 22/11/2021. In the aforesaid report, however, it was stated that the suit land was not identifiable. The report was accordingly furnished to the learned Court and subsequently, vide an order dtd. 15/12/2021, the execution proceeding was dismissed as the suit land was not identifiable.