ORDER

Date : 01-03-2023 Heard Mr. J. Laskar, learned counsel for the petitioner. Also heard Mr.

N.H.Borbhuyan, learned counsel for the respondent.

2. The present petition is filed assailing an order dated 15.2.2020 passed in Misc. Case No. 99/2019 in Title Execution case No. 12/17. The respondent herein instituted a suit being Title Suit No. 103/2013 for declaration of right, title interest over the suit land and for recovery of possession by evicting the defendant No. 1 and also for permanent injunction. The petitioner herein is defendant No. 1 the suit. The suit was contested by the defendant. Finally learned trial court decreed the suit vide judgement and decree dated 28.4.2017. 3. Thereafter an execution proceeding was initiated which was registered as Title Execution case No. 12 of 2012. As the decree was also for ascertaining and demarcating the schedule land through Amin Commissioner and handing over the possession of the schedule land in favour of the respondent / plaintiff, the executing court appointed Amin Commissioner for demarcation and execution of the decreetal land. Thereafter, the decree was executed after demarcation by the Amin Commissioner.

4. After execution of th