GAHC010040672024 2025:GAU-AS:8456 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRP(IO)/84/2024 MD. AKHTAR HUSSAIN AND ANR S/O LATE FAZERUDDIN AHMED, RESIDENT OF VILLAGE SUNDARBARY PATH, MAZ JALUKBARI (NEAR SISU KALYAN) PO AND PS JALUKBARI, DIST KAMRUP M GUWAHATI

781014

2: MRS. ABJAN NESSA W/O LATE FAZERUDDIN AHMED RESIDENT OF VILLAGE SUNDARBARY PATH MAZ JALUKBARI (NEAR SISU KALYAN) PO AND PS JALUKBARI DIST KAMRUP M GUWAHATI 78101 VERSUS ON THE DEATH OF ANOWAR HUSSAIN HIS LEGAL HEIRS SHAHJAHANA BEGUM AND ANR W/O LATE ANOWAR HUSSAIN RESIDENT OF GANDHI BASTI, PO SILPUKHURI, PS CHANDMARI DIST KAMRUP M ASSAM

2:RAISA TAMSIN HUSSAIN D/O LATE ANOWAR HUSSAIN RESIDENT OF GANDHI BASTI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM

3:AYAN SAYEED HUSSAIN S/O LATE ANOWAR HUSSAIN RESIDENT OF GANDHI BASTI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM

4:ON THE DEATH OF ALTAF HUSSAIN HIS LEGAL HEIRS FARIDA AFTAB W/O LATE ALTAF HUSSAIN RESIDENT OF GANDHI BASTI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM

5:SAFREEN ALTAF D/O LATE ALTAF HUSSAIN RESIDENT OF GANDHI BASTI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSAM

6:FARIHA ALTAF D/O LATE ALTAF HUSSAIN RESIDENT OF GANDHI BASTI PO SILPUKHURI PS CHANDMARI DIST KAMRUP M ASSA For the Petitioner(s) : Mr. P.K. Kalita, Sr. Advocate Mr. K. Talukdar, Advocate For the Respondent(s) : Mr. A.C Sarma, Sr. Advocate Mr. A. Ali, Advocate Date of Hearing : 20.06.2025 Date of Judgment : 20.06.2025 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

JUDGMENT AND ORDER (ORAL)

Heard Mr. P.K. Kalita, the learned Senior Counsel assisted by Mr. K. Talukdar, the learned counsel appearing on behalf of the petitioners. Mr. A.C. Sarma, the learned Senior Counsel assisted by Mr. A. Ali, the learned counsel appears on behalf of the respondents.

2. The petitioners have challenged the order dated 24.01.2024 passed by the learned Court of the Civil Judge (Junior Division) No. 1, Kamrup (M), Guwahati (hereinafter referred to as, “the learned Executing Court”) in Title Execution No. 53/2018 whereby Petition No. 247/2023 filed under Section 47 read with Section 151 of the Code of Civil Procedure, 1908 (for short, “the Code”) challenging the executability of the decree dated 30.06.2018 in Title Suit No. 136/2013 passed by the learned Court of the Munsiff No. 1, Kamrup (M), Guwahati (hereinafter referred to as, “the learned Trial Court”)

was rejected.

3. It is seen from the materials on record that the learned Trial Court had decreed the suit being Title Suit No. 136/2013, thereby granting a decree in favour of the plaintiff for recovery of possession of the Schedule-A land by evicting the defendants and removing all structures constructed by the defendants or by their men, agents and employees over the said land. It is relevant to take note of that in the said suit being Title Suit No. 136/2013, the plaintiffs had sought for recovery of possession of the Schedule-A land. The Schedule-A land, so described in the plaint of the suit, is reproduced herein under:

“Schedule –A Land measuring 1 (one) Katha covered by K.P. Patta No. 14 (old)/32(new) Dag No. 77 (old)/ 270 (new) at Maz-Jalukbari under Jalukbari Mouza, Dist: Kamrup (M) bounded by-

North- Md. Saif Uddin Ahmed.

South- Sondarbory Path.

East- Sri Pradip Das.

West- Abjan Nessa”

4. This Court has duly taken note of that in the written statement filed by the defendants, the Schedule to the plaint was never contested. However, pursuant to the decree so passed, an application was filed by the petitioners herein who were the judgment debtors, contesting the executability of the decree on the ground that the land so described in Schedule-A which was decreed, was not identifiable.

5. The learned Executing Court after taking into account the materials on record and the submissions so made by the parties, observed that during the pendency of the suit on account of the resettlement proceedings, the Dag No. and the Patta No. have changed and as such directed the N