Heard Mr. S. Ali, learned counsel appearing on behalf of the petitioners and Mr. D. Das, the learned Senior counsel assisted by Mr. B. D. Deka, the learned counsel appearing on behalf of the Respondent No.1.

2. The instant petition has been filed under Article 227 of the Constitution challenging the order dated 15.05.2023 passed by the learned Court of the Civil Judge No.2, Kamrup (M) at Guwahati (hereinafter referred to as “the learned Executing Court”) in Misc. (J) Case No.775/2022 arising out of Title Execution Case No.17/2022 whereby the prayer of the petitioners for rejection of the said application was turned down.

3. For deciding the instant proceedings, this Court finds it relevant to take note of the brief facts which are narrated herein infra.

4. The Respondent No.2 herein had instituted a suit being Title Suit No.223/1997 seeking a declaration that the defendants (the petitioners herein) had no right to evict the Respondent No.2 i.e. the plaintiff, from the suit premises as described in the Schedule to the plaint without following the due process and for permanent injunction. The Schedule land as described in the said suit was a plot of land measuring 2 Kathas 17 Lechas co