Page No.# 1/4 GAHC010091842025 2025:GAU-AS:5466 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/165/2025 ABDUL KADER MIAH AND 2 ORS. S/O LATE HAJI AHAMMAD ALI, R.O VILL- SADHUBHASA NO. 2, P.S.- GAURIPUR, DIST- DHUBRI, ASSAM, PIN-783128 2: ABUL KALAM MIAH S/O ABDUL KADER MIAH R.O VILL- SADHUBHASA NO. 2 P.S.- GAURIPUR DIST- DHUBRI ASSAM PIN-783128 3: ABDUS SALAM S/O ABDUL KADER MIAH R.O VILL- SADHUBHASA NO. 2 P.S.- GAURIPUR DIST- DHUBRI ASSAM PIN-78312 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COLLECTOR, DHUBRI (DC), P.O. AND P.S- DHUBRI, DIST- DHUBRI, ASSAM, PIN-783301 2:THE PROJECT DIRECTOR DISTRICT RURAL DEVELOPMENT AUTHORITY (DRDA) P.O. AND P.S.- DHUBRI ASSAM PIN-783301 3:THE BLOCK DEVELOPMENT OFFICER (BDO) MAHAMAYA DEVELOPMENT BLOCK Page No.# 2/4 P.S.- BAGRIBARI DIST- KOKRAJHAR ASSAM PIN-78334 Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. Z H AHMED Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 05.05.2025 1. Heard Mr. M.A. Seikh, learned counsel for the petitioners. Also heard Mr. T.R. Gogoi, learned counsel for respondent Nos.1 to 3. 2. The instant proceeding under Article 227 of the Constitution is filed challenging the order dated 13.11.2024, passed in Money Execution Case No.03/2016. 3. This court, taking into account the order proposed to be passed, takes up the instant application for disposal at the motion stage itself. 4. The materials on record shows that a judgment and decree was passed on 07.08.2015, whereby an amount of Rs.3,00,000 along with interest @ 6% per annum, was decreed in favour of the petitioners who are the plaintiffs from the date of institution of suit till full and final realization. 5. On the basis of the said judgment and decree, an execution proceeding being Money Execution Case No.03/2016 was filed by the Page No.# 3/4 petitioners. The record reveals that during the pendency of the said execution proceedings, there was an amicable settlement between decree holders and the judgment debtors. 6. It is the case of the petitioners herein that as per the amicable settlement, the petitioners were to receive Rs.3,00,000 and out of which Rs.2,00,000 was paid and remaining Rs.1,00,000 was to be paid at the time of withdrawal of the application seeking execution. 7. Per contra, it is the case of the judgment debtors that the amicable settlement pertaining to payment of an amount of Rs.2,50,000 in total to the petitioners. 8. Pursuant to the amicable settlement so recorded on 31.03.2022, an application was filed by the judgment debtors stating that an amount of Rs.2,50,000/- was already paid to the petitioners on 31.12.2022 as full and final settlement of their claim and as such, the execution proceeding is required to be dropped. 9. On the other hand, the petitioners filed an objection to the effect that on 31.03.2022, the District Commissioner, Dhubri had paid an amount of Rs.2,00,000 by taking thumb impression of the petitioners and the remaining Rs.1,00,000 was to be paid at the time of withdrawal of the said case. It was categorically mentioned in paragraph No.3 of the objection that the amount was erased and further an amount of Rs.2,50,000/- was hand written which is forged and manipulated. 10. On the basis of the said allegation so made, the learned Executing Court examined four witnesses, who were witnesses to the said deed of settlement as well as the petitioner No.1 and passed the impugned order on 13.11.2024 wherein, the learned Executing Court Page No.# 4/4 came to an opinion that the judgment debtors have failed to establish payment of Rs.2,50,000 and as the decree holders have admitted that they have received Rs.2,00,000, a warrant of attachment was to be issued for recovery of the remaining Rs.50,000 and it is under such circumstances, the petitioners have approached this court. 11. This Court upon hearing both the parties have given an anxious consideration to the matter. 12. From the perusal of the impugned order dated 13.11.2024, there is no finding arrived at by the learned Executing Court, as to whether the amount which was amicably settled was Rs.3,00,000 or Rs.2,50,000. 13. Considering the above, this court interferes with the order dated 13.11.2024 (Annexure-9 to the petition), directing the learned Executing Court i.e., the Court of the Civil Judge, (Senior Division), Dhubri to decide, as to whether, the amount which was arrived at, by and between the petitioners/the decree holders and the judgment debtors/respondents, was Rs.3,00,000 or Rs. 2,50,000 and on the basis of such findings, proceed with the execution proceedings in accordance with law. 14. This disposes of the instant petition. JUDGE Comparing Assistant