Page No.# 1/3 GAHC010160922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/362/2026 SRI KUSHAL CHANDRA MEDHI SON OF LATE KESHAB CHANDRA MEDHI , RESIDENTS OF VILLAGE SUALKUCHI, MOUZA PUB BONGSHAR, P.O.- SUALKUCHI, DISTRICT-KAMRUP, ASSAM, PIN-781103. 2: SRI PRANAB KUMAR MEDHI RESIDENTS OF VILLAGE SUALKUCHI MOUZA PUB BONGSHAR P.O. SUALKUCHI DISTRICT KAMRUP ASSAM PIN 781103. 3: SRI BIMAL CHANDRA MEDHI RESIDENTS OF VILLAGE SUALKUCHI MOUZA PUB BONGSHAR P.O. SUALKUCHI DISTRICT KAMRUP ASSAM PIN 781103 4: SRI RANJIT KUMAR MEDHI RESIDENTS OF VILLAGE SUALKUCHI MOUZA PUB BONGSHAR P.O. SUALKUCHI DISTRICT KAMRUP ASSAM PIN 781103. 5: SMT PRATIBHA BARMAN RESIDENTS OF VILLAGE SUALKUCHI MOUZA PUB BONGSHAR P.O. SUALKUCHI DISTRICT KAMRUP Page No.# 2/3 ASSAM PIN 781103 VERSUS SRI NRIPENDRA NATH SHARMA SON OF LATE GARGA NATH SHARMA, RESIDENT OF VILLAGE ADABARI, P.O.-SUALKUCHI, MOUZA PUB BONGSHAR, DISTRICT- KAMRUP, ASSAM, PIN 781103. Advocate for the Petitioner : MR B DEORI, MR A DEKA,MR G BHARADWAJ,MR. A C SARMA Advocate for the Respondent : , :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 07.08.2026 Heard the learned counsel Mr. G. Bharadwaj appearing for the petitioner. 2. This is an application under Article 227 of the Constitution of India challenging the orders dated 11.02.2026 and 25.05.2026 passed by the learned Civil Judge (Jr. Divn.), Kamrup, Amingaon in Title Execution Case No.1/2026. 3. The petitioner filed the title suit being Title Suit No.44/2014 in the court of the learned Munsiff, Kamrup, Amingaon. The suit was dismissed ultimately. The petitioner filed an appeal before the court of learned Civil Judge (Sr. Divn.), Amingaon and the appellate court decreed the suit. Thereafter, the petitioner filed the execution case being Title Execution Case No.1/2026. The learned Executing Court directed issue of Page No.# 3/3 notice to the judgment debtor on the ground that the execution case was not filed within the period of two years from the date of the judgment passed in Title Suit No.44/2014. 4. I have considered the submissions made by Mr. Bharadwaj. 5. On the face of the record, the impugned order is bad in law because the decree was passed on 29.08.2025. 6. Under Order 21 Rule 22A of the Code of Civil Procedure (CPC), two years have not yet elapsed after passing of the decree. Therefore, the process of issuing notice to the judgment debtor should be dispensed with. Accordingly, the order directing issue of notice to the judgment debtor is set aside. The Executing Court shall proceed to dispose of the execution proceeding in accordance with the procedure as laid down by law. With the aforesaid direction, the present civil revision petition is disposed of. JUDGE Comparing Assistant