MANJU BORO Vs. KARUNA KANTA BORO

JUDGEMENT

(1.) Heard Mr. P.K. Deka; learned counsel for the appellants and also heard Mr. K. Bhatta, learned counsel appearing on behalf of the respondents.

(2.) This second appeal arises out of the judgment and order dated 07.6.2005 passed in Title Appeal No. 04/2005 by the learned Civil Judge (Sr. Divn.), Kamrup, Guwahati. The aforesaid appeal was filed challenging an order dated 10.1.2005 passed in Misc. (J) Case No. 12 of 2004 in Title Execution Case No. 2 of 2004 & No. 3 of 2004 pending in the court of the learned Civil Judge (Jr. Divn.), Rangia. It is stated herein that in the Title Execution cases that are pending before the learned Civil Judge (Jr. Dv.), Rangia, an application under Order 21 Rule 97 read with Section 101 of C.P.C. was filed by the appellant objecting the execution of the decree. The aforesaid execution cases were started to execute the decree passed in T.S. No. 9/ 2001 and T.S. No. 10/2001, after affirming the same vide judgment and order passed in the Title Appeal Nos. 18 & 19 of 2003 preferred by the present appellants.

(3.) It is also relevant to mention here that the present appellants have filed another suit vide T.S. No. 59 of 2004 which is pending in the court of the learned Civil Judge (Sr. Divn.). Rangia, Kamrup, Guwahati wherein the declaration of right, tile and interest for cancellation of the sale deeds of the plaintiffs along with proforma respondent No. 13 in respect of the same suit land is involved. The aforesaid suit was filed on 08.3.2004. In the T. Ex. Case No. 2/2004 and T. Ex. Case No. 3/2004, the appellants filed the aforesaid application under Order 21 Rule 97 and 101 of the Code of Civil Procedure resisting the execution of the decree in favour of the Respondents.