Page No.# 1/3 GAHC010136062024 2025:GAU-AS:3306 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/225/2024 PAYMACHAUBI DEVI W/O- LATE KULOCHANDRA SINGHA, VILL.- PURBARKITTARBOND PART-I, P.S. LALA, P.O. AMALA, DIST. HAILAKANDI, ASSAM VERSUS RAJ KUMAR SINGH AND 2 ORS S/O- LATE DHANANJAY SINGH, R/O- VILL.- PURBARKITTARBOND PART-I, P.S. LALA, P.O. AMALA, DIST. HAILAKANDI, ASSAM, PIN- 788164. 2:RAJ KISHORE SINGH S/O- LATE DHANANJAY SINGH R/O- VILL.- PURBARKITTARBOND PART-I P.S. LALA P.O. AMALA DIST. HAILAKANDI ASSAM PIN- 788164. 3:RAJENDRA SINGH S/O- LATE DHANANJAY SINGH R/O- VILL.- PURBARKITTARBOND PART-I P.S. LALA P.O. AMALA DIST. HAILAKANDI ASSAM PIN- 788164 Advocate for the petitioner(s): Mr. J Laskar Page No.# 2/3 Advocate for the respondent(s): B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 24.03.2025 Heard Mr. J Laskar, the learned counsel appearing on behalf of the petitioner. 2. By the instant petition, the supervisory jurisdiction of this Court under Article 227 of the Constitution has been invoked challenging the order dated 15.05.2024 passed in Misc.(J) Case No.96/2024 arising out of Title Execution Case No.10/2016 whereby an application filed under Order XXI? Rules 97, 99 and 101 of the Code of Civil Procedure, 1908 (for short, the Code) was rejected. It is well settled that an order so passed under Order XXI Rule 101 is a decree in terms with Order XXI Rule 103 of the Code. Consequently, an appeal lies there against under Section 96 read with Order XLI Rule 1 of the Code. It is well settled that when the Code of Civil Procedure provides a remedy, the supervisory jurisdiction under Article 227 of the Constitution cannot be invoked. 3. Considering the above, this Court is not inclined to invoke its jurisdiction against the order dated 15.05.2024 passed in Misc.(J) Case No.96/2024 arising out of Title Execution Case No.10/2016. Accordingly, the instant petition stands dismissed. Page No.# 3/3 4. Be that as it may, before parting with the records, this Court observes that the dismissal of the instant petition shall not, however, preclude the petitioner herein to prefer an appeal under Section 96 read with Order XLI of the Code. 5. In filing such an appeal, the period from 02.07.2024 till date, be excluded while computing the period of limitation. 6. The interim order passed on 03.07.2024, by which the further proceedings of Title Execution Case No.10/2016 pending before the Court of the learned Civil Judge, (Senior Division) Hailakandi was stayed is hereby vacated. 7. The learned Executing Court shall proceed with the Execution of the Title Execution Case No.10/2016 in accordance with law. 8. The Registry shall bring this order to the attention of the learned Trial Court forthwith. 9. The LCR which was called for by this Court be forthwith returned to the learned Executing Court by the Registry. JUDGE Comparing Assistant