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2022 Supreme(Gau) 568

Chamnur Ali – Appellant
Versus
Loknath Upadhaya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.K. Purkayastha
For the Respondent: Mr. S.P. Roy

JUDGMENT :

Parthivjyoti Saikia, J.

Hear Mr. A. K. Purkayastha, learned Counsel appearing for the petitioners as well as Mr. R.P. Sarmah, learned senior counsel representing the respondent.

2. This is an application under Article 227 of the Constitution of India whereby the order dated 11.05.2020 passed by the learned Munsiff No. 2, Kamrup (M), Guwahati in Title Execution Case No. 41/2016 re-issuing the writ for recovery of possession of the decreetal land.

3. The facts necessary for disposal of this petition is as under:

The respondent filed a suit being TS 92/2002 against the petitioners seeking a declaration of right, title and interest over a plot of land as well as for recovery of possession of that land. The suit was decreed in favour of the respondents. In the appellate courts also, the respondent lost. Therefore, execution proceeding was initiated. The decree was executed accordingly. But subsequently, the petitioners again encroached upon the land and when the respondent approached the Executive Court, another writ for recovery of possession was issued.

4. I have gone through the impugned order dated 11.05.2020.

5. Under Article 227 of the Constitution of India, High Court does no

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