ORDER

Date : 01-08-2018 Heard Mr. Sheeladitya, learned counsel for the petitioner.

By this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 11.07.2018 passed by the learned Munsiff, Hojai, Sankardev Nagar in Misc(J) Case No.32/2018 in Title Execution Case No.7/2015.

The learned counsel for the petitioner submits by referring to the report of the Civil, Nazir dated

25.06.2018 that with the help of police and lat mandal, the Civil Nazir had identified the decreetal land on which execution was to be carried out. It is submitted that the decree dated 30.09.2013 passed in T.S. No.81/2012(New) was put to execution and the decree was partly executed on 25.06.2018. However, because of paucity of time, the execution could not be completed. Thereafter, the respondents, who are judgment debtor had filed an application before the Court of Munsiff, Hojai under Section 47 read with order 21 Rule 58 read with Section 151 CPC, which was registered as Misc(J) Case No.32/2018.

On hearing the learned counsel for the parties, the learned Executing Court, by the impugned order had stayed the execution, which is in challenge in the present application.