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2007 Supreme(Gau) 584

J.CHELAMESWAR, ANIMA HAZARIKA
Utpal Kumar Das – Appellant
Versus
Court of the Munsiff No. 1 – Respondent


JUDGMENT

Jasti Chelameswar, C.J.

1. Challenging the order dated 16.07.2007 passed by the Munsiff No. 1. Kamrup, Guwanati the present writ petition is filed. By the said order the learned Munsiff directed that warrant of arrest be issued against the petitioner, who is a police officer in charge of Hatigaon Outpost.

2. The facts leading to the issuance of warrant are as follows:

The impugned order was passed by the learned Munsiff in Title Execution Case No. 16/2004 on 16.07.2007. Though the material on record is not very clear, we are informed at the Bar that the petitioners in the above petition are the decree holders, who obtained a decree for delivery of possession of an immovable property. For execution of the said decree it appears that they moved the petition numbered T. Ex. Case No. 16/04. It appears from the order dated 29.06.2007 that the executing court passed an order directing delivery of the decree schedule property to the decree holders and also directed that appropriate assistance be given by the police for the execution of the decree. In obedience of the orders of the Court, the Civil Nazir proceeded to the decree schedule property along with Revenue Staff on 13.07.2007.




















































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