Page No.# 1/3 GAHC010070172025 2025:GAU-AS:4180 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/119/2025 THE STATE OF ASSAM AND ANR REP BY THE SECRETARY GOVT OF ASSAM, WATER RESOURCES DEPTT, DISPUR, GUWAHATI- 06 2: THE EXECUTIVE ENGINEER E AND D DIVISION SIVASAGAR GOVT OF ASSAM PO AND PS AND DIST SIVASAGAR ASSA VERSUS KABEER MOHAMMAD KHAN AND ORS R/O- PEOLI NAGAR, AT ROAD, SIVASAGAR TOWN PO, PS AND DIST SIVASAGAR, ASSAM 2:SALINA KHAN R/O- PEOLI NAGAR AT ROAD SIVASAGAR TOWN PO PS AND DIST SIVASAGAR ASSAM 3:HABIBA KHANAM R/O- PEOLI NAGAR AT ROAD SIVASAGAR TOWN PO PS AND DIST SIVASAGAR ASSAM 4:KABEER MOHAMMED KHAN R/O- PEOLI NAGAR AT ROAD SIVASAGAR TOWN PO PS AND DIST SIVASAGAR ASSAM Page No.# 2/3 5:MUKABBIR KHAN R/O- PEOLI NAGAR AT ROAD SIVASAGAR TOWN PO PS AND DIST SIVASAGAR ASSA Advocate for the Petitioner : MR R M DAS, MR. C SHARMA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 04.04.2025 Heard Mr. R.M. Das, learned counsel for the petitioners. 2. In this petition, under Article 227 of the Constitution of India, the petitioners have challenged the correctness or otherwise of the order dated 20.03.2025, in Money Execution Case No. 1/2024, passed by the learned Civil Judge (Senior Division), Sivasagar. 3. It is to be noted here that vide impugned order dated 20.03.2025, the learned Civil Judge (Senior Division), Sivasagar (‘executing Court’, for short) had rejected the petition No. 48/2025, filed by the petitioner No. 2, who is the judgment debtor (Executive Engineer, E & D Division, Sivasagar) for another date for filing affidavit and directed that the petitioner No. 2 herein shall be detained in civil prison as per provisions of Order 21 Rule 41(3) of the CPC, and also directed the decree holder to take steps as per law within seven days. 4. Mr. Das, learned counsel for the petitioners submits that the petitioners herein are ready to pay the decretal amount and budget has also been received Page No.# 3/3 to that effect, and that to make payment of the amount, the concerned head of account is required to be activated by the Finance Department and the entire process may take at least fifteen days time, and that the entire amount will be paid within a period of one month from today, and therefore, it is contended to grant stay of the impugned order dated 20.03.2025, for one month. 5. Taking note of the submission of Mr. Das, learned counsel for the petitioners, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this revision petition by directing the petitioners to file a petition before the learned executing Court for granting one month time so as to enable the petitioners/judgment debtors to make payment of the entire amount and in the event of filing such an application, the learned executing Court shall afford last opportunity to the petitioners/judgment debtors to pay the decretal amount within a period of 30 (thirty) days from today. Further, it is provided that in the event of failing to make payment of the aforesaid decretal amount, within a period of 30 (thirty) days, the learned executing Court shall proceed to realize the aforesaid amount in accordance with law. 6. In terms of above, this revision petition stands disposed of. JUDGE Comparing Assistant