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2009 Supreme(Gau) 762

BROJENDRA PRASAD KATAKEY
Braja Kalita – Appellant
Versus
Bipin Chandra Kalita – Respondent


Advocates:
Acts/Rules/Orders:
Code of Civil Procedure (CPC) - Sections 47, 151 and 152 - Order 20
Code of Criminal Procedure (Cr PC) - Section 145

JUDGMENT

Brojendra Prasad Katakey, J.

1. The judgment-debtors in Title Suit No. 68 of 1986 filed the present petitions invoking the jurisdiction of this Court under Article 227 of the Constitution of India challenging the order dated 22.6.2009 passed by learned executing Court rejecting the applications, which were registered as Misc. (J) Case Nos. 37 of 2008 and 38 of 2008, filed under Section 47 read with Section 151 of Code of Civil Procedure in Title Execution Case No. 13 of 2007.

2. Since both the petitions arise out of a common order passed in the aforesaid two Misc. Cases by learned executing Court, they are taken up together for hearing and disposal, as agreed to by learned Counsel for the parties.

3. The facts relevant for the purpose of disposal of the present petitions are that the opposite party Sri Bipin Ch. Kalita instituted T.S. No. 68 of 1986 in the Court of learned Munsiff No. 2, Kamrup at Guwahati against the present Petitioners as main Defendants and 3 others as proforma Defendants praying for-(i) a decree declaring right, title and interest over the land measuring 10L, out of 1B-1K-3L covered by Dag No. 711 (new), 436 (old) of KP Patta No. 178 (new), 103 (old) in vi

































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