JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. N.C. Das, learned Senior counsel assisted by Ms. M. Borah, learned counsel for the petitioner and Mr. R.S. Mishra, learned counsel appearing on behalf of the respondent.

2. This application had been filed under Section 115 of the Code of Civil Procedure (for short ‘the Code’) challenging the orders dated 30.07.2016 passed in Misc. (J) Case No. 63/2012 and 11.01.2018 passed in Misc. (J) Case No. 135/2016, both arising out of Title Execution Case No. 21/2009 by the Court of Munsiff No. 1, Dibrugarh, which is the Executing Court.

3. The brief facts of the instant case are that the decree holder i.e. the Respondent herein, as plaintiff had instituted a suit which was registered and numbered as Title Suit No. 104/1999. In the said suit, the plaintiff sought for a decree for eviction of the defendant; for delivery of khas possession by removing the defendant and his family members with all their belongings in respect to the suit land as described in Schedule A and B of the plaint. The defendant had filed his written statement. Pursuant thereto, by a judgment and decree dated 30.08.2005, the suit was decreed in favour of the Plaintiff granting the r