JUDGMENT :

1. Heard Mr. M.Pertin, learned Senior Counsel, assisted by Ms. T.Y. Bhutiya learned counsel for the petitioner. Also heard Mr. T. T. Tara, learned counsel for the respondent.

2. This Civil Revision Petition, under Section 50 of the Assam Frontier (Administration of Justice) Regulation, 1945 read with Section 115 of the Code of Civil Procedure is preferred by the petitioner against the Judgment and Order dated 23.03.2015 in Execution Case No. 36/2012, passed by the learned Chief Judicial Magistrate -Cum- Civil Judge, (Sr. Division) Aalo.

3. The background facts’, leading to filing of this petition is adumbrated herein below:-

“In the year 1989, the present petitioner had purchased a plot of land, which is known as ‘MEME’ land (suit land), from late BenyumKarga, father of Shri Nyumge Kato. The suit land was originally acquired by Late Kirki Kagra and passed on to his son Late KitoKarga, and later on, to Late Benyum Kagra. The land adjacent to the suit land belongs to respondent Nyage Kato, who had acquired the same by exchanging land called YAMI to one HogamKarbak.Originally that land was belonging to one Late PagreBasa, and later on, it was inherited by his son Late Rego Basa. After that Late Goii Basa, son of Late Rego Basa sold the land to Late Hamo Kato and Rego Kato inherited the same from him.Thereafter, Rego Kato sold it to HogamKarbak. Then during the life time of Late BenyumKagra, one Keba was held between Late BenyumKarga and Late Rego Basa over the suit land on 22.04.1986, wherein boundary in between Meme Main Stream was shown by the original owner Late Rego Basa. Thereafter, the respondent had constructed one granary house over the suit land, which was already decided in Keba dated 22.04.1986. Thereafter, on the basis of Kaba decision dated 22.04.1986, the encroachment of the suit land was restrained by permanent perpetual injunction vide order dated 30.08.1988, passed by the Keba, which attained finality having not been put to challenge by any party. Thereafter, another Keba was conducted on 09.07.1990, wherein the Keba order, dated 22.08.1986, was illegally rejected and passed a decision in favour of respondent Nyage Kato. And though the land was under the title and possession of the petitioner, but the case was represented by the original land owner namely BenyumKarga from whom the petitioner had purchased the suit land. Therefore, the name of the petitioner was not reflected as party to the proceeding; however, the name of respondent was reflected in the Keba Decision. The said decision was not accepted by Late BenyumKarga hence the matter was referred to District level Keba by the Circle Officer, Darak and the Deputy Commissioner has fixed the Keba at district level on 01.05.1991, and passed the order affirming the Keba Decision dated 31.08.1988, and thereby resolved the land dispute between the petitioner and the respondent. Thereafter, the respondent remained silent for many years, and thereafter, all of a sudden started encroaching the boundary, and started cultivation upon some portion of land of the petitioner during March/April 2009. Then the petitioner had lodged one complaint before the Extra Assistant Commissioner (EAC) Kamba. Then the EAC had deputed one P.I. to accompany Gaonbura to Kato Village and directed to verify the original boundary vide order dated 18.06.2009. Thereafter, the report was submitted by the P.I. and boundary was demarcated. Thereafter also the respondent continued to do his illegal act. And then complaint was lodged again to EAC and the EAC passed an order on 21.04.2010, restraining the respondent from cultivation. But, despite restrain, vide order dated 21.04.2010, the respondent continued to encroach the land of the petitioner and then having found no option available, the petitioner has filed an application on 26.04.2010, for execution of various decision of Keba, which was transferred to the Court of District Judge, Yupia. The respondent had filed his written objecti