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2019 Supreme(Gau) 143

MIR ALFAZ ALI
Partha Mazumder S/o Late Nimai Chandra Mazumder – Appellant
Versus
Abhijit Mazumder S/o Late Nimai Chandra Mazumder – Respondent


Advocates Appeared:
For the Petitioner: MR. G.N. SAHEWALLA
For the Respondent: MR. S. DEKA

JUDGMENT :

This revision petition has been filed challenging the propriety and legality of the order dated 20-08-2018 passed by the learned Civil Judge, Tinsukia in Misc. (J) Case No. 85/2018 arising out of Title Ex. Case No. 6/2018.

2. The factual background leading to the present revision petition is thus : The present opposite party, as plaintiff, filed T.S. No 16/2012 for specific performance of contract in respect of a plot of land measuring 12.24 lechas, covered by dag no. 480 and 483 and P.P. No. 79 situated at Tinsukia town. During the pendency of the suit, both the parties entered into an amicable settlement and filed a joint compromise petition before the court on 02-09- 2015, urging the court to pass a compromise decree in terms of the compromise agreement entered into between the parties. Learned Civil Judge decreed the suit in terms of the amicable settlement and a compromise decree was accordingly drawn up. As the judgment debtor failed to execute the sale deed as per the decree, the respondent/decree holder filed an execution proceeding, which was registered as T. Ext. Case No. 6/2018. The petitioner/judgment debtor filed an application u/s 47 of the CPC resisting the




































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