The court upheld the discretion exercised in condoning appeal delays and staying execution, emphasizing the importance of fair judicial processes.

DHALIGAON, DIST. - CHIRANG, BTC, ASSAM, PIN - 783385 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocate for the petitioner(s): Mr. MU Mahmud Advocate for the respondent(s): Mr. BJ Mukherjee Date of hearing & judgment : 28.05.2025 JUDGMENT & ORDER(ORAL)

Heard Mr. MU Mahmud, the learned counsel appearing on behalf of the petitioner. Mr. BJ Mukherjee, the learned counsel appears on behalf of the respondent.

2. The petitioner herein has invoked the supervisory jurisdiction of this Court assailing the orders dated 12.03.2025 passed in Misc.(J)Case No.79/2024 arising out of Title Appeal No.11/2024 and also the order dated 12.03.2025 passed in Title Appeal No.11/2024 which are Annexure-11 and 12 respectively to the instant proceedings.

3. It is relevant to take note of that vide the order dated 12.03.2025 passed in Misc.(J).Case No.79/2024, the Court of the learned Civil Judge (Senior Division) Chirang at Kajalgaon (hereinafter to be referred to as the ‘learned First Appellate Court’) had condoned the delay of 861 days in preferring the appeal i.e. Title Appeal No.11/2024. It is also seen that vide another order dated 12.03.2025 in Petition No.430/2025, the learned First Appellate Court had also stayed the execution of the decree passed in Title Suit No.02/2020 and it is under such circumstances, the present proceedings has been filed.

4. For the purpose of ascertaining the dispute herein, it is relevant to take note of that the respondent herein as plaintiff had filed a suit before the Court of the learned Munsiff, Chirang, at Kajalgaon (hereinafter to be referred to as the learned Trial Court) which was registered and numbered as Title Suit No.02/2020. It is relevant to take note of that the suit so filed by the respondent herein was a suit for specific performance of agreement for sale as well as for other consequential reliefs.

5. It is an admitted fact that the suit proceeded ex-parte against the respondent herein and vide the judgment and decree dated 24.05.2022, the learned Trial Court decreed the suit in favour of the petitioner thereby directing the respondent to execute and register a sale deed in respect to the suit land in favour of the petitioner after obtaining the ‘No Objection Certificate’ and necessary permission from the concerned department in compliance with the terms of the Money Borrowing Agreement dated 29.12.2017 within a period of 3(three) months from the date of the judgment and further handover khas possession of the suit land to the petitioner herein immediately after registration of the sale deed. It was further decreed that in the event of the failure by the respondent herein to comply with the aforesaid direction, the petitioner herein shall be entitled to get executed and register the sale deed with regard to the suit land in his favour through the Court via the Senior Sub-Registrar Chirang and other authorities and upon being paid the requisite stamp duty, fees etc., by the petitioner herein required precept/direction made to be issued in this regard by the Court.

6. The record further reveals that pursuant to the said ex-parte judgment and decree, an execution application was filed by the petitioner herein which was registered and numbered as Title Execution Case No.1/2022. The said execution proceedings was filed on 16.11.2022. It is also relevant to take note of that the said execution proceedings proceeded without notice being issued upon the respondent herein though required under the provisions under Order XXI Rule 32 of the Code. Thereupon the learned Executing Court through the Civil Sheristadar got the Deed of Sale registered on 31.12.2022 in favour of the petitioner herein. Subseq