Page No.# 1/3 GAHC010217732025 2025:GAU-AS:13066 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/413/2025 BABITA PATOWARY BORDOLOI W/O- BHASKAR BORDOLOI, R/O- PUB SARANIA, BYE LANE NO-6, H.NO-19 (ROHINI), P.S-CHANDMARI, GUWAHATI-03, KAMRUP METRO, ASSAM VERSUS BHUPEN BHATTACHARJEE S/O- LATE ARAVINDA BHATTACHARJEE, R/O- UPPER HENGRABARI, BORABARI, MAGZIN, VIP ROAD, GUWAHATI-36, KAMRUP METRO, ASSAM Advocate for the Petitioner : MR B DEORI, MR. A C SARMA,MR G BHARADWAJ Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 22.09.2025 1. Heard Mr. A. C. Sharma, learned Senior Counsel assisted by Mr. G. Bharadwaj, learned counsel for the petitioner. 2. This application has been filed under Article 227 of the Constitution of India Page No.# 2/3 challenging the Order dated 04.09.2025, passed by the learned Civil Judge (Sr. Div.) No.2, Kamrup (Metro), Guwahati in Title Suit No.173/2009. 3. The petitioner is the plaintiff before the Trial Court, his suit was dismissed, he filed an appeal before the Court of the learned Civil Judge (Sr. Div.) No.2, Kamrup (Metro), Guwahati. The learned Appellate Court allowed the appeal with a direction as follows:- i. The Learned Trial Court shall further appoint a Survey Commissioner for survey and the Survey Commissioner shall ascertain whether the land as described in Schedule-B falls within the land described in Schedule-A of the plaint (i.e., the land claimed to have been purchased by the Plaintiff/Appellant vide Registered Deed No. 1880, dated 5.4.1997) noting the relevant documents of the parties and submit a report expeditiously. Thereafter, the learned Trial Court sent for amin commission report. A part of the report of the Circle Officer is quoted as under: i. As per record Smt. Babita Patowary daughter of Shri Ananta Patwary is the recorded pattadar in report of the land measuring 4.01 Ar. Covered by K.P. Patta No.200 (Old) 2 (New) Dag No.1018. Measurement given by Lat Mandal in Dag No.1018 is given below_ East Road West - Shri Sarma and Kalita North Anita Patwari and Singha South Bhupen Bhattacharjee There is no match in Schedule - B as mentioned in the letter. Report of the Lat Mandal, may and copy of jamabandi are enclosed Page No.# 3/3 herewith for Information and necessary action. 4. Mr. Sarma has submitted that the report of the Circle Officer does not tally with the direction given by the Appellate Court. 5. I have considered the submissions made by learned Senior Counsel for the petitioner and I have decided to agree with him that the report of the Circle Officer does not tally with the direction given by the Appellate Court. 6. This Court is of the opinion that the learned Trial Court has erroneously oriented itself and accepted the said report though the report does not tally with the order of the Court. 7. Therefore, the impugned Order dated 04.09.2025, passed by the learned Civil Judge (Sr. Div.) No.2, Kamrup (Metro), Guwahati is set aside. 8. The Civil Judge (Sr. Div.) No.2, Kamrup (Metro), Guwahati is directed to issue a fresh writ to the Circle Officer to comply with the direction of the Appellate Court. After that the Trial Court shall proceed to dispose of the case in accordance with the procedure as laid down by law. 9. With the aforesaid direction, this Civil Revision Petition is disposed of. JUDGE Comparing Assistant