JUDGMENT :

Parthivjyoti Saikia, J.

Heard.

2. This is an application under Article 227 of the Constitution of India challenging the order dated 21.01.2022 passed by the learned Munsiff, No. 1, Karimganj in Title Execution Case No. 11/2016.

3. In the year 1990, the T.S. No. 273/1990 was filed against the petitioners for their ejectment from the suit property. During the pendency of the suit, the predecessor-in-interest of the petitioners purchased a part of the suit property. Ultimately, the said suit was decreed in favour of the respondents. An appeal was preferred and the said appeal was also dismissed. Thus, the Execution proceeding being Title Execution Case No. 11/2015 came into existence.

4. Thereafter, the respondents filed again T.S. No. 191/1993 exercising their preferential right under Section 22 of the Hindu Succession Act, 1996 to purchase the suit property and for cancellation of the earlier sale deed. This suit was also decreed in favour of the respondents. Accordingly, the connected appeal as well as the connected second appeal were also dismissed. Thus, the Title Execution Case No. 11/2016 came into existence.

5. This time, the petitioners filed the Title Suit being T.S. 15