JUDGMENT :

1. Heard Shri A. Sattar, learned counsel for the petitioner whereas the respondent is represented by Shri S. Ali, the learned counsel.

2. Considering the subject matter and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the motion stage itself.

3. The petition has been filed under Article 227 of the Constitution of India in respect of an order dated 07.07.2023 passed by the learned Civil Judge, Darrang in Title Execution Case No. 05/2018 whereby the petition no. 1591 dated 22.06.2023 filed by the Decree Holder under Order XXI Rule 35 (3) read with Section 151 of the CPC has been allowed.

4. The fact projected in the petition is that Title Suit No. 15/1996 was filed by the elder brother of the present petitioner in which the petitioner was the defendant. The said Suit was for declaration of right, title, interest, recovery and injunction. The said suit was decreed in favour of the plaintiff and the said decree was upheld in appeal. The issue which has been sought to be raised by the present petitioner is with regard to identification of a particular part of the suit land. Attention of this Court has been drawn to a Report o