KALYAN RAI SURANA
Binod Kumar Sharma (Judgment Debtors) – Appellant
Versus
Ghanashyam Sharma (Decree Holders) – Respondent
Kalyan Rai Surana, J.
Heard Mr. O.P. Bhati, learned counsel for the petitioner as well as Mr. R.K. Bhuyan, learned counsel appearing for the respondents.
2. The challenge in this revision filed under Article 227 of the Constitution of India are the orders dated 17.08.2016 and 19.08.2016 passed by the learned Court of Munsiff No.1, Kamrup (Metropolitan), Guwahati (hereinafter referred to as the "learned Executing Court") in Title Execution Case No. 27/2011.
3. The petitioners herein are the judgment debtors in the said Title Execution Case No. 27/2011 and the respondents herein are the decree holders therein. The petitioners herein by filing petition under section 151 of the Code of Civil Procedure, bearing petition No. 3217 dated 17.08.2016 before the learned Executing Court, stated that the writ for possession was not prepared as per the decree as the decree holders are not required to enter upon the land of the judgment debtors while taking possession of the Schedule-D property and, as such, prayed for recalling the said writ. The said petition was rejected by learned Executing Court by order dated 17.08.2016, inter-alia, on the ground that (i) the petitioners herein had n
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