SWAPAN CH. DAS Vs. RAMAWATAR AGARWALA

JUDGEMENT

(1.) Heard Mr. K. K. Mahanta learned Senior Counsel assisted by Mr. K.M. Mahanta learned counsel appearing for the petitioners and also Mr. S.K. Kejriwal learned counsel for the respondent.

(2.) At the outset the learned counsel for the respondent No.1 has referred to the order dated 07.03.2014 and 09.04.2014 passed in this application, requiring the matter to be heard on the maintainability of the present revision application. Therefore, in view of the said order, this Court has proceeded to hear the parties on the said issue raised by the learned counsel for the respondent No.1.

(3.) The petitioners have filed an application under Article 227 of the Constitution of India, challenging the order dated 11.09.2012 passed by the learned Civil Judge, Nagaon in M.J. Case No.5/2011, arising out of Title Execution No.12/2010, by which the objection filed by the respondent before the learned Executing Court i.e. Court of Civil Judge, Nagaon under Order XXI Rule 97 CPC was allowed by holding that the said petition filed by the respondent No.1 herein was maintainable, further holding that the decree dated 27.11.2008 passed in Title Suit No.53/2005 in favor of the petitioners herein is not executable and the possession of the respondent No.1 herein over the suit land was protected in view of the decree passed in Title Suit No.16/2007. Consequently, the execution proceeding in Title Execution Case No.12/2010 pending before the said learned Court was also closed.