AKTER ALI @ AFTER Vs. ABEDA KHATUN

JUDGEMENT

(1.) Heard Mrs. R. Choudhury, the learned counsel for the petitioners as well as Mr. SS Sharma, the learned senior counsel for the respondents No. 1 to 6 and Mr. D. Doley, the learned Govt. Advocate for respondents No.7 to 9. None appears for the respondent No.10.

(2.) By filing this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 108.2016 passed by the learned Munsiff, North Salmara, Abhayapuri, in Title Execution Case No.7/2015 thereby rejecting the petition filed by the petitioner under Section 47 of the Code of Civil Procedure.

(3.) The learned counsel for the petitioner projects that the predecessor-in-interest of the respondents No.1 to 6, namely, Late Nur Islam filed the Title Suit No.24/2012 wherein the present petitioners were arrayed as defendants No.1 to 8 in the plaint. The suit land was a plot of land measuring 1 Bigha 2 Katha 2 Lechas covered by Myadi Patta No.256, Dag No.48 in the village-Kheluapara, Part-VII, Sadar, Bonitamari, PS- Jogighopa in the district of Bongaigaon. It is stated that the plaintiff and the defendant No.9 (respondent No.10 herein) entered into a compromise and by filing Petition No.1286/14 under Order XXVI Rule 9 read with Order XXIII Rule 3 CPC the said parties agreed for a joint survey of the suit land by appointing a Commissioner, and that if the suit land is found to be Patta land then the defendants and their servants, agents, workmen, relatives etc. would vacate the same by demolishing and removing the houses and other construction therefrom in favour of the plaintiff and if the suit land is found to be Govt. Khas land, then the plaintiff will be debarred from claiming the same.