JYOTSNA GHOSH v. BIJOYA GHOSH (DEB CHOUDHURY) AND 2 ORS.
CRP(IO)/310/2024 · 2025-03-27
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16958 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16958 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010170132024
2025:GAU-AS:3767
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/310/2024 JYOTSNA GHOSH W/O- LATE MANTU GHOSH, F.C.I. ROAD, JUMBASTI, P.O. BADARPUR GHAT-788803, DIST. KARIMGANJ, ASSAM VERSUS BIJOYA GHOSH (DEB CHOUDHURY) AND 2 ORS.
D/O- LATE MANTU GHOSH, W/O- SRI MRITYUNJOY DEB CHOUDHURY, S.T.
ROAD, BADARPUR, P.O. BADARPUR-788806, DIST. KARIMGANJ, ASSAM 2:SMTI. JOYA GHOSH D/O- LATE MANTU GHOSH W/O- SRI AMAR GHOSH GHOSH COLONY PANCHGRAM NEAR L.P. SCHOOL P.O. PANCHGRAM DIST. HAILAKANDI ASSAM 3:SMTI. MALAYA GHOSH D/O- LATE MANTU GHOSH F.C.I. ROAD JUMBASTI P.O. BADARPUR GHAT-78803 DIST. KARIMGANJ ASSA For the Petitioner(s) : None appears
For the Respondent(s) : Mr. S.P. Choudhury, Advocate
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER 28.03.2025
None appears on behalf of the petitioner on call.
2. Mr. S.P. Choudhury, the learned counsel appears on behalf of the respondent No. 1.
3. This is an application filed under Article 227 of the Constitution of India challenging the order dated 15.07.2024 (wrongly written as 15.07.2023) passed by the learned Court of the Civil Judge (Junior Division) No. 2, Karimganj (hereinafter referred to as, “the learned Executing Court”) in Title Execution Case No. 05/2024 whereby the Civil Nazir was directed to take steps in the execution proceedings as per the
order.
4. It is seen from the materials on record that the execution proceedings being Title Execution Case No. 05/2024 was filed by the respondent herein who was the decree holder on 03.06.2024 seeking execution of the judgment and decree dated 30.03.2023 passed in Title Suit No. 120/2006. It is further seen that the learned Executing Court vide the impugned order dated 15.07.2024 (wrongly written as 15.07.2023) taking into account that the execution proceedings was filed within a period of two years from the date of passing of the final decree
directed the Civil Nazir to proceed with the execution proceedings
Page No.# 3/3 thereby fixing 31.08.2024 for report. The petitioner herein who was the
judgment debtor has not filed any application before the learned Executing Court and has approached this Court on grounds which are completely unfounded.
5. Considering the above, this Court finds no ground to exercise its supervisory jurisdiction against the order dated 15.07.2024 (wrongly written as 15.07.2023) in Title Execution Case No. 05/2024. Accordingly, the instant petition stands dismissed.
6. The interim order stands vacated and the learned Executing Court i.e. the Court of the Civil Judge (Junior Division) No. 2, Karimganj shall proceed with Title Execution Case No. 05/2024 in accordance with law.
7. Before parting with the record, this Court, however, finds it relevant to put a note that the learned Executing Court ought to have been more careful in putting the date in its order-sheet.
J U D GE Comparing Assistant