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2020 Supreme(Gau) 651

PRASANTA KUMAR DEKA
Narottam Barman – Appellant
Versus
Sumi Sutradhar – Respondent


Advocates Appeared:
D. Chakrabarty, Advocate, N. Haque, Advocate

JUDGMENT

Prasanta Kumar Deka, J. - Heard Mr. D Chakrabarty, learned counsel for the petitioner and Mr. N Haque, learned counsel for the respondent.

2. Order dated 16.03.2020 passed in T.Ex. case No. 03/2009 by the learned court of Civil Judge, Barpeta is under challenge in this revision petition. The present petitioner filed T.S. No. 26/2006 in the court of learned Civil Judge, Barpeta against the present respondents as defendants for specific performance of contract in respect of a sale agreement for a plot of land measuring 15 Lechas covered by Dag No. 1342 of KP Patta No. 158 of village Barpeta Road under Mouza Gobardhan. The suit was decreed. The respondents filed first appeal and second appeal and both the courts upheld the judgment and decree thereby granting enforcement of agreement for sale of the said plot of land. In T.Ex. No. 03/2009, the said decree was put to execution and the learned executing court executed the registered sale deed No. 527/2015 in terms of the decree covering the decreetal land. The petitioner filed a petition under Order 21 Rule 32 (5) of the CPC seeking for delivery of khas possession of the entire land measuring 15 Lechas sold in favour of the petit

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