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2022 Supreme(Gau) 138

ROBIN PHUKAN
Kulendra Nath Kakati – Appellant
Versus
Bhabesh Baruah Son of Sri. Achyut Baruah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ghanashyam Das
For the Respondent: Mr. D. K. Kakoty, Adv.

JUDGMENT :

1. Order dated 04.05.2017, passed by the learned Civil Judge No. 1, Kamrup (M), in Misc. (J) Case No. 458/2014, arising out of Title Execution Case No. 04/2013, and order dated 04.05.2019, passed by the learned Civil Judge No. 1, Kamrup (M), Guwahati, in Misc. (J) Case No. 600/2017, arising out of Title Execution Case No. 04/2013, are impugned in this Civil Revision Petition filed under Section 115 of the Code of Civil Procedure by the petitioners, namely, Sri Kulendra Nath Kakati & Smt. Surabi Kakati.

It is to be mentioned here that vide impugned order dated 04.05.2017, the learned Civil Judge No. 1, Kamrup (M), Guwahati, had dismissed the petition filed under Section 47 and Order 21 Rule 97 and 101 of the Code of Civil Procedure and vide impugned order, dated 04.05.2019, the learned Civil Judge No. 1, Kamrup (M), Guwahati, had dismissed the petition filed by the petitioners under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure for reviewing the order dated 04.05.2017.

2. The factual background leading to filing of the present petition is briefly stated as under :-

    “The respondent, Sri Bhabesh Baruah, as plaintiff, has instituted Title Suit No. 87/2006

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