TETERI DEVI Vs. BHASKAR SAIKIA

JUDGEMENT

(1.) Heard Mr. P.S. Deka, learned counsel for the petitioners. Also heard Mr. P.K. Kalita, learned senior counsel, appearing for the respondent.

(2.) The petitioners instituted Title Suit No. 12/2001 seeking, inter alia, declaration of their rights, title and interest over the suit land as described in Schedule 'A' of the plaint as well as recovery of khas possession of land in Schedule 'B'. Land described in Schedule 'B' is part of Schedule 'A' land and khas possession is sought by evicting the defendant therefrom. The opposite party in this petition under Article 227 of the constitution of India is the judgment-debtor.

(3.) Earlier, the opposite party herein had approached this Court by filing a civil revision petition numbered as CRP No.128/2007, which was disposed of on 29.09.2011. In the said revision petition, challenge was made to an order dated 1.2.2007 passed by the learned Civil Judge, Lakhimpur in Misc. Case No.19/2006 arising out of Title Execution Case No.9/2004, whereby the objection, raised by the judgment-debtor, alleging that the delivery of possession of land had been given, in excess of the decretal land, to the decree-holders, had been dismissed. As the events prior to passing of the aforesaid order dated 01.02.2007 was set out in material facts in the aforesaid judgment and order dated 29.09.2011, I deem it appropriate to extract Paragraph 2 thereof: