GAHC010067102026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRP/45/2026 DILDAR HUSSAIN SON OF LATE INDERCHAND BENGANI AND A RESIDENT OF SECOND FLOOR, HOUSE NO.5, WARD NO.7, MARWARI THAKUR BARI ROAD, BARPETA ROAD, IN THE DISTRICT OF BARPETA, ASSAM, PIN -781315 VERSUS BABULAL CHAJJER S/O LATE BIRDHICHAND CHHAJER, RESIDENT OF GOALPARA TOWN, P.O.

AND P.S. GOALPARA, IN THE DISTRICT OF GOALPARA, ASSAM, 783101.

Advocate for the Petitioner : MR. B D DEKA, MR A DEKA,MR A BHATRA,N CHAUDHURY,MR. M DAS Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

Date :07.04.2026 Heard Mr. A. Deka, learned counsel for the petitioner.

2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the order dated 16.10.2025, passed by the learned Civil Judge (Junior Division) No. 2, Goalpara, in Title Execution Case No.

12/2013.

3. Mr. Deka, learned counsel for the petitioner submits that the predecessor of the respondent herein had instituted one title suit, being Title Suit No. 45/1978, claiming right, title and interest over a plot of land measuring 1 katha 5 lechas, situated at Goalpara, which was initially decreed by the Court of learned Munsiff, Goalpara and thereafter, the defendants had preferred one appeal, being Title Appeal No. 85/1986, before the Court of learned District Judge, Goalpara and the said appeal was disposed of, vide order dated 20.08.1988 and thereafter, remanded the suit with a direction to carry survey of the suit land. The order of remand was, however, challenged before this Court in Second Appeal No. 37/1989, but the same was dismissed, vide order dated 06.01.1997. Thereafter, on receipt of survey report, the learned trial Court had decreed the suit, vide judgment and decree dated 27.11.2001, and the said judgment and decree had attained finality. Thereafter, the decree holder had initiated execution proceeding by instituting Title Execution Case No. 12/2013, before the Court of learned Civil Judge (Junior Division) No. 2, Goalpara (‘executing Court’, for short) and during the execution proceeding, an application was filed raising the objection of executability of the same on the ground that the original defendant, namely, Abdul Hai suffered demise on 25.06.2000, i.e. prior to passing of the judgment and decree dated 27.11.2001. Thereafter, the learned executing Court had accepted the objection by holding that the decree was a nullity and not executable, and thereafter, the said order was challenged in Civil Revision Petition No. 132/2022, before this Court and the same was disposed of, vide order dated 19.05.2025, by holding that although Abdul Hai suffered demise prior to the decree, his estate was duly represented through his wife, who was already on record during the suit and therefore, the decree could not be treated as nullity solely on account of his death. Thereafter, on 30.06.2025, the decree holder filed a petition, being petition No. 545/2025, seeking a declaration that the execution proceeding would proceed against the legal heirs of Late Abdul Hai and the same was listed before the learned executing Court on 16.10.2025. However, without notice being served upon the respondents, the learned executing Court, vide order dated 16.10.2025, held that execution proceeding would proceed against the legal heirs of Abdul Hai, including the present petitioner. Being aggrieved, the petitioner has approached this Court by filing the present petition.

3.1. Mr. Deka further submits that the learned executing Court, vide impugned order dated 16.10.2025, had issued writ for delivery of possession, and that the petitioner herein has also filed one petition under Section 47, read with Order 27 Rule 18A CPC and the said petition is pending for disposal and the case is fixed on 17.04.2026.

4. It is also to be noted here that, vide order dated 06.04.2026, Mr. Deka was directed to obtain instruction as to whethe