This revision is directed against the judgment and order dated 26.7.93 passed by the Second Assistant District Judge, Guwahati in Money Execution Case No. 32 of 1962 dismissing the case. It is really sad that the litigation in respect of execution of a decree passed on 11.8.61 in Money Suit No. 37 of 1960 has been prolonged for such a long time.

2. Petitioner filed an execution case (Money Execution Case No. 32 of 1962) in the Court of the Sub Judge, Nagaon (as was it then). This case was subsequently transferred to the Court of the Sub Judge, Guwahati for execution of the said decree in respect of an area of land measuring 131/2 lechas situated at Sahar Guwahati, Block No.2, Fancy Bazar. The said land was purchased by the petitioner in an auction sale. Thereafter, the judgment debtor (opposite party) resisted the decree by filing Annexure C objection, stating, inter alia that he did not know about filing of the execution case and therefore, prayed for two months' time to take necessary steps before delivery of possession of the land to the decree-holder (petitioner) by demolishing the structures standing thereon.

3. That Assistant District Judge, No 2, by order dated 2.3.84 rejected

Click Here to Read the rest of this document