Page No.# 1/3 GAHC010228102023 2025:GAU-AS:14002 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/379/2023 SADHAN DAS S/O LATE RATHINDRA KUMAR DAS, R/O SOLAPARA, PALTAN BAZAR, GUWAHATI-781007, DIST-KAMRUP (M), ASSAM, P/R/A VAISHALI HOUSING SOCIETY CO-OPERATIVE, FLAT B-2, SHANTI RAM DAS PATH, P.O.-REHABARI, DIST-KAMRUP (M), ASSAM VERSUS ANIL CHOUDHURY S/O LATE SONELAL CHAUDHARY, PROPRIETOR OF GIFT PLACE SHOP, OPP. NEPALI MANDIR, M.D. SAH ROAD, REHABARI, GUWAHATI-781008, P.S.-PALTANBAZAR, DIST-KAMRUP (M), ASSAM Advocate for the Petitioner : MR. R K BHUYAN, MR. M KASHYAP,MR A ZAMAN Advocate for the Respondent : MR. N ALAM (R-1), MS. B JAIN (r-1) BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 22.10.2025 Heard Mr. A. Singh, learned counsel for the petitioner. Also heard Mr. S. P. Roy, learned counsel for the respondent. 2. The petitioner has filed this application under Article 227 of the Constitution of India seeking a direction for early disposal of the Appeal pending before the learned additional District Judge, arising out of execution Case. 3. The case of the petitioner is that he instituted Title Suit No.205/2002 for declaration of right, title and interest, recovery of possession and for Page No.# 2/3 permanent injunction in respect of the suit land. The suit was dismissed by the learned Civil Judge No.3, kamrup, Guwahti on 13.06.2006. However, on appeal, the learned District Judge Kamrup(M), Guwahati by judgment and decree dated 27.02.2007, decreed the suit declaring the right, title and interest of the petitioner and also granted recovery of possession and injunction in respect of the suit land. 4. The petitioner thereafter filed execution petition for enforcement of the decree. During pendency of the said execution proceeding, the respondent filed an application under Order XXI Rule 97,98 and 101 of the Code of Civil Procedure before the Executing Court questioning the executability of the decree. The said application was rejected by the executing Court vide order dated 23.12.2010. 5. Aggrieved by the said order, the respondent preferred an title Appeal before the learned Additional District Judge No.3, Kamrup(M), Guwahati, which is still pending disposal. The petitioner has, therefore approached this Court seeking an appropriate direction for early disposal of the said appeal. 6. At this stage, the learned counsel for the respondent submits that the matter was heard by the learned appellate Court on 22.08.2023 and it was fixed for delivery of judgment on 09.09.2023. However, in the meantime, the Presiding Officer of the concerned court has been transferred and the new incumbent is yet to be transferred and join. 7. In view of the above circumstances, and considering that the matter pending since 2011 was ultimately heard, this Court is of the opinion that no prejudice would be caused to either party if a direction is issued for expeditious disposal of the pending appeal. 8. Accordingly, the learned Additional District Judge No.3, Kamrup(M), Guwahati, or such other court to which the matter may be assigned, is Page No.# 3/3 directed to dispose of the pending Appeal- T.A. No. 19(A)2016, as expeditiously as possible, preferably within a period of sixty (60) days from the date of joining of the new presiding Officer, or, from the date of receipt/production of a certified copy of this order, whichever is later. 9. The parties are directed to cooperate with the learned court below to ensure early disposal of the matter. 10. With the above observation and direction, the present petition stands disposed of. JUDGE Comparing Assistant