Page No.# 1/3 GAHC010072922025 2025:GAU-AS:11578 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/138/2025 BINOD RAJKHOWA S/O LATE MOHAN CHANDRA RAJKHOWA, R/O BORUAH GAON, P.O.- KOCHUPATHAR, DIST- GOLAGHAT, ASSAM, PIN-785673 VERSUS SMTI RUPA GUPTA AND 3 ORS W/O LATE JAYPRAKASH GUPTA, R/O WARD NO. 7, DERGAON TOWN, NEAR BIMAL IRON STORE, DERGAON, P.O.- DERGAON, DIST- GOLAGHAT, ASSAM, PIN-785614 2:MD. BABUL ALI S/O LATE NUR MAHAMMAD ALI R/O WARD NO. 7 DERGAON TOWN NEAR BIMAL IRON STORE DERGAON P.O.- DERGAON DIST- GOLAGHAT ASSAM PIN-785614 3:MD. NIJAMUDDIN S/O LATE ABDUL HAMID R/O WARD NO. 7 DERGAON TOWN NEAR BIMAL IRON STORE DERGAON P.O.- DERGAON DIST- GOLAGHAT ASSAM PIN-785614 Page No.# 2/3 4:MD. ALAMUDDIN ALAM S/O LATE ABDUL HAMID R/O WARD NO. 7 DERGAON TOWN NEAR BIMAL IRON STORE DERGAON P.O.- DERGAON DIST- GOLAGHAT ASSAM PIN-78561 Advocate for the Petitioner : MR. M DUTTA, S DAS Advocate for the Respondent : MR P GOGOI (R-2,3,4), MR. A K SAHEWALLA (R-2,3,4) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.08.2025 1. Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Mr. A. K. Sahewalla, learned counsel for the respondents 2. This application has been filed under Article 227 of the Constitution of India, challenging the Order dated 24.01.2025, passed by the learned Civil Judge (Junior Division) No.2, Golaghat in Title Execution Case No.02/2024. 3. There are “Kutcha Shop Rooms” situated on a single plot of land,one was let out to the respondent Smti. Rupa Gupta and other two were given on rent to Md. Babul Ali, Md. Nijamuddin and Md. Alamuddin Alam. The petitioner filed 3 (three) suits being Title Suit No.06/2022, Title Suit No.07/2022 and Title Suit No.08/2022 praying for eviction of the respondents from the said Kutcha Shop Rooms. 4. The Title Suit No.08/2022 was filed against the tenant Rupa Gupta. In that Page No.# 3/3 suit after receipt of notice she did not appear and then ex-parte decree was passed against her. The petitioner started execution proceedings to execute the decree passed in Title Suit No.08/2022 and thereafter the other respondents connected to Title Suit No.06/2022 and Title Suit No.07/2022 filed an application before the executing Court under Order 21 Rule 99 of the Code of Civil Procedure read with Section 47 of the said Code stating that they have been evicted from their rooms. The Trial Court passed an order staying the execution proceeding of Title Suit No.08/2022 on the ground that this decree should be executed after disposal of the Title Suit No.06/2022 and Title Suit No.07/2022. 5. I have considered the submissions made by learned counsel of both sides. 6. On a plain reading of the impugned order, this Court is of the opinion that the view taken by the learned Civil Judge (Junior Division) No.2 is incorrect. The execution of the decree passed in Title Suit No.08/2022 to evict Rupa Gupta is not connected to Title Suit No.06/2022 and Title Suit No.07/2022. So awaiting for the disposal of those two cases would be an incorrect proposition 7. Therefore, the impugned order is set aside. 8. The Executing Court is directed to execute the Decree passed in Title Suit No.08/2022. 9. With the aforesaid direction, this Civil Revision Petition is disposed of. JUDGE Comparing Assistant