BINDA RAI AND OTHERS Vs. RAJENDRA MAHATO

JUDGEMENT

(1.) Heard Mr. S.P. Roy, learned Counsel for the petitioner as well as Mr. C.K. Sarma Baruah, learned Senior Counsel, assisted by Mr. J.P. Sharma. learned Counsel for the respondents.

(2.) This application under section 115 of Code of Civil Procedure read with section 151 of Code of Civil Procedure is directed against the judgment and order dated 5.7.2007 passed in Misc. (Appeal) No. 2/2005 passed by the learned Civil Judge (Sr. Division) No. 1, Guwahati.

(3.) The short facts. in a nutshell, of the present revision application is that the respondent filed Title Suit No. 31/1991 in the Court of the learned Civil Judge (Jr. Division) No. 1. Guwahati against the 9 defendants namely Lal Bahadur Ray, Ram Iswar Ray, Ramlal Ray, Sakkal Ray, Meghui Ray, Rajendra Ray, Ram Prit Ray, Rameswar Ray and Ram Brich Ray for a decree for permanent injunction restraining the defendants from making any construction on the land of Schedule B on declaration of the plaintiffs title and for recovery of possession of the suit land. The said Title Suit No. 31/1991 was decreed in favour of the respondent/plaintiff. The respondent/ plaintiff filed the Title Execution Case No. 2/1999 for execution of the said decree passed in Title Suit No. 31/1991.