JORJIA SULTANA Vs. TRIPTI BORDOLOI

JUDGEMENT

(1.) THIS revision petition has been filed challenging the legality and the validity of the order dated 20. 11. 2006 passed by the learned Civil Judge (Junior Division) No. 1, Guwahati, acting as a executing Court passed in Misc (J) Case No. 347/2005 arising out of T Ex-No. 16/04, rejecting the application filed by the petitioner under Section 47, CPC in the execution proceeding.

(2.) I have heard Mr. S. P. Roy, learned counsel for the petitioners and Mr. A. Das, learned counsel for the opposite party/decree-holder.

(3.) THE opposite party/decree-holder as plaintiff instituted the Title Suit No 89/93 praying for declaration of right, title and interest over the suit land and khas possession thereof by evicting the defendants and for permanent injunction. The learned trial Court decreed the suit on 30. 6. 98 against which Title Appeal No. 29/98 was filed. The learned appellate Court also confirmed the decree passed by the learned trial Court dismissing the appeal on 10. 7. 2003 which was further confirmed by the High Court in RSA No. 141/2003 vide Judgment and Order dated 9. 12. 2003.