JUDGMENT :

Recourse to Article 227 of the Constitution of India has been taken against the impugned orders dated 06.01.2024 and 22.01.2024 passed by the learned Civil Judge (Jr. Division), Hatsingimari, Dhubri in Misc. (J)/59/2022 and Title Execution/10/2019.

2. To understand the issue involved, it would be convenient if the brief facts of the case are narrated.

3. The petitioner is the defendant in the suit, being Title Suit/118/2016 which was for declaration and recovery of possession. The suit was decreed ex parte on 30.07.2019 and the plaintiff-decree holder had filed Execution Case/10/2019.

Since, there were certain anomalies in the identification of the suit land, the present petitioner had earlier approached this Court by filing CRP/13/2021. The said revision petition was, however, disposed of vide order dated 01.11.2021 on a consensus arrived at by the parties that before execution, the land in question would be identified first. Subsequent thereto, a report was called for by the concerned ASO whereafter such report was submitted by the concerned Lat Mondal on 22.11.2021. In the aforesaid report, however, it was stated that the suit land was not identifiable. The report was acc