ORDER

Heard Mr. B. Baruah, learned counsel for the petitioner and Mr. A. R. Shome, learned counsel for the respondents.

2. By filing this application under Article 227 of the Constitution of India, the petitioner has assailed the order dated 02.05.2022 passed by the learned Munsiff No. 1, Dibrugarh (as it was then) in Title Execution Case No. 49/1982. The substituted respondent nos. 1 (a) to 1 (d) are legal representatives of the original decree-holder no. 2 and respondent nos. 2, 3 and 4 are legal representatives of original decree-holder no. 3.

3. The brief background of the case is that one Smti. Chenia Teli and her two (2) sons, namely, Anat Ram Teli and Shiv Kumar Teli, had filed Title Suit No. 27 of 1981 against one Dwarka Prashad Bin and six (6) others for recovery of khas possession of the suit land measuring 30 ft. × 11 ft., being a part of 0B-3K-0L of land covered by Dag No. 436 of Patta No. 158, situated at Kalibari Road, Marwari Patty, Dibrugarh, and described in Schedule-B of the plaint. The said suit was decreed ex parte vide judgment and decree dated 14.07.1982. Thereafter, the decree-holders instituted execution proceeding, which was registered as Title Execution Case No. 49/1982. As lot of facts are involved in these 42 (forty two) years of execution proceedings, reference is made only to those facts which are relevant for the case.

4. On the strength of the decree, the Civil Nazir visited the site on 23.07.2007 and, despite objection raised by the petitioner, the house allegedly standing on 0B-0K-3L of land covered by Dag No. 441 of Periodic Patta No. 159 was demolished. Accordingly, the petitioner filed Petition No. 1972 of 2007 on 20.08.2007 alleging dispossession despite not being a judgment-debtor in the said proceeding.

5. The learned Executing Court, by order dated 12.05.2008, directed the Civil Nazir to visit the site along with the revenue staff of the concerned Revenue Circle for measurement of the land and for submission of a report. Resisting implementation of the said order dated 12.05.2008, the decree-holders approached this Court by filing an application under Article 227 of the Constitution of India, which was registered as CRP No. 239 of 2008, and this Court, vide order dated 13.05.2015, allowed the verification process in terms of the order dated 12.05.2008. The operative portion of the said order contained in paragraph nos. 11 and 12, thereof are quoted below:-

“11. In the instant case, the ordered exercise is still to be undertaken because of the interim order passed on 1.8.2008. Therefore the Objectors claim for restoration of possession is directed to be considered by the Executing Court only after the Nazir and the Revenue staff verify and measure both the decretal land covered by Dag No.436 Periodic Patta No.158 and also the adjacent land of the Objectors covered by Dag No.441 and Periodic Patta No.159. This should be done in presence of both parties. If the verification process reveals that the Objectors were wrongfully dispossessed from land not covered by the decree, the restoration of the property should be granted to the Objectors. But if the exercise carried out on 23.6.2007 is within the decretal land, the Court will pass consequential orders. It is ordered accordingly.

12. With the above order, the Revision petition stands disposed of without substantially interfering with the impugned order dated 12.5.2008 (Annexure-8) in the Title Execution Case No.49/1982 rendered by the learned Munsiff No.1, Dibrugarh. The Registry should send a copy of this order to the concerned Court.”

6. Therefore, avoiding unnecessary details, it would suffice to mention that the Circle Officer, having conducted the survey as directed, submitted a report dated 18.06.2016, before the learned Executing Court, inter alia, stating that the Schedule-B land covered by Periodic Patta No. 159 and Dag No. 441 measuring 3 Lessas had been measured by the official staff of the Circle Office along with the Civil Naz