Page No.# 1/8 GAHC010085892025 2025:GAU-AS:5298 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/160/2025 ON THE DEATH OF GANGA PRASAD YADAV, HIS LEGAL HEIRS BIJOY KUMAR YADAV AND 11 ORS. S/O-LATE GANGA PRASAD YADAV, R/O DUDHPATTY, MAHABIR MARG ROAD, JANIGANJ, SILCHAR, CACHAR, ASSAM 2: UMESH KUMAR YADAV S/O-LATE GANGA PRASAD YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM 3: SRI UMESH KUMAR YADAV SON OF LATE GANGA PRASAD YADAV. 3: MANOJ KUMAR YADAV S/O-LATE GANGA PRASAD YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM 4: PAPPU KUMAR YADAV S/O-LATE GANGA PRASAD YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM Page No.# 2/8 4: MANOJ KR YADAV SON OF LATE GANGA PRASAD YADAV 5: SRI PAPPU KUMAR YADAV SON OF LATE GANGA PRASAD YADAV 5: BINOD KUMAR YADAV S/O-LATE GANGA PRASAD YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM 6: SRI BINOD KUMAR YADAV SON OF LATE GANGA PRASAD YADAV 6: SMT. ANITA DEVI YADAV W/O LATE AJAY KUMAR YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM 7: ANAND KUMAR YADAV S/O LATE AJAY KUMAR YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM 7: SMT ANITA DEVI YADAV WIFE OF LATE AJAY KUMAR YADAV 8: SRI ANAND KUMAR YADAV SON OF LATE AJAY KUMAR YADAV 8: KISHAN KUMAR YADAV S/O LATE AJAY KUMAR YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ Page No.# 3/8 SILCHAR CACHAR ASSAM 9: ARJUN YADAV S/O LATE AJAY KUMAR YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM 9: SRI KISHAN KUMAR YADAV SON OF LATE AJAY KUMAR YADAV 10: SRI AMIT KUMAR YADAV SON OF LATE AJAY KUMAR YADAV 10: AMIT KUMAR YADAV S/O LATE AJAY KUMAR YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM 11: MS. DURGA YADAV D/O LATE AJAY KUMAR YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM 11: MS DURGA YADAV DAUGHTER OF LATE AJAY KUMAR YADAV 12: SMT. SAROJA YADAV D/O LATE GANGA PRASAD YADAV R/O DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSAM Page No.# 4/8 12: SMT SAROJA YADAV DAUGHTER OF LATE GANGA PRASAD YADAV ALL THE PETITIONERS ARE RESIDENTS OF DUDHPATTY MAHABIR MARG ROAD JANIGANJ SILCHAR CACHAR ASSA VERSUS ON THE DEATH OF NIRMOLA SUNDARI PAUL, W/O LT. SURESH CHANDRA PAUL, HER HEIRS, LAKHAN PAUL AND 5 ORS. S/O LATE SURESH CHANDRA PAUL, R/O- JANIGANJ BAZAR, P.O. AND P.S.- SILCHAR, DISTRICT- CACHAR, ASSAM, PIN 788001 2:LAKHAN PAUL ALL ARE SONS OF LATE SURESH CHANDRA PAUL R/O- JANIGANJ BAZAR P.O. AND P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN 788001 2:SANKAR PAUL S/O LATE SURESH CHANDRA PAUL R/O- JANIGANJ BAZAR P.O. AND P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN 788001 3:NITAI PAUL S/O LATE SURESH CHANDRA PAUL R/O- JANIGANJ BAZAR P.O. AND P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN 788001 3:SANKAR PAUL ALL ARE SONS OF LATE SURESH CHANDRA PAUL R/O- JANIGANJ BAZAR P.O. AND P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN 788001 4:ON THE DEATH OF GAOURA PAUL Page No.# 5/8 HIS LEGAL HEIRS SMTI KALPANA PAUL W/O LATE GOURA PAUL R/O HOUSE NO. 11 PRADIPTA LANE JANIGANJ BAZAR P.S.- SILCHAR DIST- CACHAR ASSAM PIN-788001 4:NITAI PAUL ALL ARE SONS OF LATE SURESH CHANDRA PAUL R/O- JANIGANJ BAZAR P.O. AND P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN 788001 5:GOURAV PAUL S/O LATE GOURA PAUL R/O HOUSE NO. 11 PRADIPTA LANE JANIGANJ BAZAR P.S.- SILCHAR DIST- CACHAR ASSAM PIN-788001 5:ON THE DEATH OF GOURA PAUL HIS LEGAL HEIRS RESIDENTS OF HOUSE NO. 11 PRADIPTA LANE JANIGANJ BAZAR P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN 788001 6:SMT. KABITA PAUL W/O SRI GOUTAM PAUL D/O LATE GOURA PAUL R/O RAILWAY QUARTER 78/C REST CAMP PANDU GUWAHATI KAMRUP (M) ASSAM PIN-781012 Page No.# 6/8 6:SMT KALPANA PAUL WIFE OF LATE GOURA PAUL RESIDENTS OF HOUSE NO. 11 PRADIPTA LANE JANIGANJ BAZAR P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN 788001 7:SRI GOURAV PAUL SON OF LATE GOURA PAUL RESIDENTS OF HOUSE NO. 11 PRADIPTA LANE JANIGANJ BAZAR P.S.- SILCHAR DISTRICT- CACHAR ASSAM PIN 78800 For the Petitioner(s) : Mr. D. Chakrabarty, Advocate For the Respondent(s) : None appears BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 30.04.2025 Heard Mr. D. Chakraborty, the learned counsel appearing on behalf of the petitioner. 2. The supervisory jurisdiction of this Court has been invoked in order to challenge the order dated 07.02.2025 passed by the learned Civil Judge (Junior Division) No. 1, Cachar, Silchar (for short, “the learned Executing Court”) in Petition No. 1072/2 arising out of Title Execution Case No. 37/2017 whereby the application filed under Order XXI Rule 29 Page No.# 7/8 of the Code of Civil Procedure, 1908 (for short, “the Code”) by the petitioner who is the judgment debtor in the said proceedings was rejected. 3. Mr. D. Chakrabarty, the learned counsel appearing on behalf of the petitioner submitted that the decree which was passed in Title Suit No. 352/1981 though have attained finality in view of the same being upheld by this Court in RSA No. 11/2001 vide the judgment and order dated 11.11.2014, but there is a suit which was filed by the petitioner which was registered and numbered as Title Suit No. 30/2015 and presently renumbered as Title Suit No. 692/2021 which is presently pending. 4. The learned counsel further submitted that the subsequent suit which has been filed by the petitioner is seeking declaration that the judgment and decree passed in Title Suit No. 352/1981 is null and void on the ground that it is a fraudulent decree. 5. This Court has enquired with the learned counsel appearing on behalf of the petitioner as to why the judgment and decree in Title Suit No. 352/1981 is being challenged on the ground that it is a fraudulent decree. 6. The learned counsel submitted that the said decree is a fraudulent decree taking into account that the said decree was passed without taking into consideration that the petitioner herein who was the defendant in the said suit has been conferred the status of a non- evictable tenant having purchased such right from another non-evictable tenant. 7. This Court therefore enquired with the learned counsel appearing on Page No.# 8/8 behalf of the petitioner, as to whether, such a plea was taken in Title Suit No. 352/1981 which had attained finality in view of the same having been upheld by this Court in the Second Appeal. 8. The learned counsel submitted that such plea was taken but the same was not duly considered. 9. Taking into account the above, it is the opinion of this Court that if such a plea was taken in the earlier suit and the same has not been considered, the same had attained finality. 10. Considering the above, this Court is of the opinion that the learned Executing Court had committed no error in exercising its jurisdiction while rejecting the application under Order XXI Rule 29 of the Code, for which, the instant petition stands dismissed. 11. Be that as it may, before parting with the record, this Court however observes that the observations and findings made herein above shall not affect the petitioner in Title Suit No. 30/2015 which is presently renumbered as Title Suit No. 692/2021. JUDGE Comparing Assistant