JUDGMENT :

1. Heard Mrs. R. Choudhury, the learned counsel appearing on behalf of the Petitioner and Mr. P. Deka, the learned counsel appearing on behalf of the Respondents.

2. This is an application under Article 227 of the Constitution of India challenging the order dated 07.06.2016 passed in Title Execution Case No.30/2015 arising out of Title Suit No.195/2009.

3. The brief facts of the instant case is that the Respondent No.4 as Plaintiff had filed a suit against the Respondent No.3 for eviction. The said suit was registered and numbered as Title Suit No.195/2009. Vide a judgment and decree dated 07.07.2011 the said suit being Title Suit No.195/2009 was decreed. Against that, an appeal was preferred by the Respondent No.3 herein which was also dismissed. Subsequent thereto, a revision application was also filed before this Court which was also dismissed.

4. Thereupon, an execution application was filed by the Respondent No.4 herein before the Court of Munsiff No.1, Dhubri which was registered and numbered as Title Execution Case No.30/2015.

5. In the said proceedings, an application was filed by the Petitioner herein for stay of the proceedings in Title Execution Case No.30/2015. A