TILAK DEKA Vs. KUSHARAM SAHARIA

JUDGEMENT

(1.) Heard Mr. BK Bhagawati, the learned counsel appearing on behalf of the petitioner. Mr. M Hoque, the learned counsel appears on behalf of the respondents.

(2.) The supervisory jurisdiction of this Court has been invoked challenging the order dtd. 12/1/2024 passed by the Court of the learned Civil Judge, (Junior Division) No.1, Darrang at Mangaldai (hereinafter to be referred to as the learned Executing Court), whereby the Title Execution Case No.1/2021 was dismissed on the ground that the decree dtd. 10/9/2018 is an unexecutable decree. The legality and validity of the said order dtd. 12/1/2024 has been challenged on the ground that the learned Executing Court had failed to exercise its jurisdiction in accordance with law inasmuch as, the learned Executing Court who has the jurisdiction under Sec. 47 of the Code of Civil Procedure, 1908 (for short, the Code) is empowered to decide all questions relating to execution, discharge or satisfaction of the decree. Taking into account the said submission so made by the learned counsel appearing on behalf of the petitioner, this Court finds it relevant to take note of the brief facts which led to the filing of the instant proceedings.

(3.) It is seen that the petitioner herein through the predecessor-in-interest had filed a suit before the Court of the learned Munsiff No.1, Mangaldai, which was registered and numbered as Title Suit No.29/2008 against the predecessor-in interest of the respondents. The said suit was filed seeking declaration of the plaintiff's right, title and interest over the Schedule-I land as well as for ejectment of the defendants from the Schedule-2 land. It is relevant to take note of that during the pendency of the suit, both the original plaintiff and the original defendant expired.