MIR YUSUF HUSSAIN Vs. TRIPATHI BORDOLOI

JUDGEMENT

(1.) Both the writ petitions filed by the rival parties to a Title Suit are in respect of the same interlocutory order of the Trial Court/Executing Court and hence were heard analogously. They are being disposed of by this common judgment and order.

(2.) The facts material for the purpose of disposal of the writ petitions are as follows: The petitioners in W.P. (C) No. 5314/ 05 are the plaintiffs/decree holders in respect of the Title Suit No. 89/93. The Title Suit was filed against the respondent (s), who are the petitioners in WP (C) No. 4516/05 for decree of right, title and interest and recovery of khas possession of the suit land. The suit was decreed in favour of the plaintiffs, making of grievance against which the defendants preferred the Title Appeal No. 29/98. The appeal was dismissed upholding the judgment and decree passed by the Trial Court.

(3.) Against such dismissal of the appeal, a regular second appeal being RSA No. 141/2003 was filed by the defendants before this Court and the same was dismissed. An appeal was preferred before the Supreme Court but the same was also dismissed on 5.7.2004.