KALYAN RAI SURANA, J.

1. Heard Mr. S. Borthakur, the learned advocate for the petitioner as well as Mr. P. Bora, the learned advocate for the respondent No.1.

2. By this revision under Article 227 of the Constitution of India read with Section 115 CPC, the petitioner has assailed the order dated 19.07.2018, passed by the learned Civil Judge, Sivasagar in Misc. (J) Case No. 67/2018 arising in T. Ex. Case No. 3/2001.

3. The respondent No.1 had entered appearance by filing vakalatnama. Hence, the petitioner as well as the respondent No.1 have been heard at the motion stage itself. The respondents No.2 and 3 are found to be not necessary for the purpose of deciding the present challenge. Hence, issuance of notices on the said respondents No.2 and 3 is exempted.

4. The brief introductory facts are that the petitioner is a senior citizen aged about 70 years old. It is projected that after following all formalities of obtaining NOC for sale from the competent authority, she had purchased a plot of land from one Rajendra Prasad Bora, who was the owner of the suit land measuring 1 katha- 10 lechas, covered by Dag No. 172 of P.P. Patta No. 11 of Village- Raichai, Mouza- Nitaipukhuri, under Demow Revenue Circle by virtue of Sale Deed, bearing Deed No. 374 dated 06.04.2004, registered before the Office of the Sub- Registrar, Sivasagar. Since then, she has been occupying the said land by constructing house thereon, without any objection from any quarter. It is projected that a few months prior to 24.01.2017, the Civil Nazir and some other persons started to visit the suit land in connection with Misc. (J) Case No. 25/2015, and she became aware for the first time that the said plot of land which was purchased by her was sold in Court conducted auction to the respondent. On enquiry, the petitioner found out that her vendor was one of the defendants in a defamation suit, being M.S. No. 23/1992, which was decreed against her vendor, jointly and severally with others for a sum of Rs. 10.00 Lakh with interest at the rate of 18%. Accordingly, the property of the said vendor measuring 3 bigha- 3 katha, inclusive of the suit land was attached by the learned Civil Judge (Senior Division), Sivasagar in connection with execution proceedings, being M.Ex. Case no. 3/2001. After newspaper publication of auction notice, the said property was sold in public auction by the learned executing Court. Various auction purchasers had made their respective bids for 3 bigha- 3 katha land, which is inclusive of the suit land. The auction bids were accepted by the learned executing Court by order dated 16.11.2004, directing record to be put up after 2 (two) months for confirmation of sale and for issuing sale certificate.

5. It is projected that after the suit land was attached, on 09.07.2001, the judgment debtors had had filed a petition No. 1599/2001 under O.XXI Rule 58 CPC, amongst others, claiming that his property was attached by order dated 16.09.1996 in Crl. Misc. Case No. 775(K)/1996, passed by the learned Sessions Judge, Kamrup, Guwahati. However, not getting any favourable orders, the judgment debtor had filed W.P.(C) No. 315/2005 before this Court to challenge orders dated 06.08.2004, 19.10.2004 and 16.11.2004, wherein it was also prayed that his petition No. 1599/2001 should be disposed of. The writ petition was allowed by order dated 26.10.2009. The learned executing Court had rejected the said petition No. 1599/2001 by order dated 08.07.2011. The said order was challenged by the judgment debtor by filing CRP 147/2012, wherein, this Court had issued direction not to finalize the sale of the attached properties till disposal of CRP 147/2012. In the ensuing auction bidding process, the respondent had purchased the said property at a bid amount of Rs. 50,35,000/-. However, this Court had dismissed CRP No. 147/2012 by order dated 24.03.2015. Accordingly, by order dated 13.05.2015, the auction sale made on 08.12.2014 was confirmed and Sale Certificate wa