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2026 DAILYLAW 13542 (GAU)

SMTI. SANGITA PHUKAN GAYAN v. SMTI. DEOKALI DAS AND 5 ORS.

CRP(IO)/214/2026 · 2026-09-02

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/4 GAHC010089862026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/214/2026 SMTI. SANGITA PHUKAN GAYAN W/O KRISHNA KANTA PHUKAN, RO LAOKHUWA ROAD, HAIBORGAON, NEAR P.K.B. NURSING HOME, MOUZA- TOWN, P.S.- NAGAON, DIST- NAGAON, ASSAM VERSUS SMTI. DEOKALI DAS AND 5 ORS. W/O LATE CHANDRA DAS, R/O MANSUKH DASS ROAD, MAROWARIPATTI, NAGAON TOWN, P.S.- NAGAON SADAR, P.O. AND DIST- NAGAON, ASSAM, PIN- 782001 2:RAJEN DAS @ SAMBHU DAS S/O LATE CHANDRA DAS R/O MANSUKH DASS ROAD MAROWARIPATTI NAGAON TOWN P.S.- NAGAON SADAR P.O. AND DIST- NAGAON ASSAM PIN- 782001 3:SANKAR DAS S/O LATE CHANDRA DAS R/O MANSUKH DASS ROAD MAROWARIPATTI NAGAON TOWN P.S.- NAGAON SADAR P.O. AND DIST- NAGAON ASSAM PIN- 782001 Page No.# 2/4 4:SMTI. SANJU DAS D/O LATE CHANDRA DAS R/O MANSUKH DASS ROAD MAROWARIPATTI NAGAON TOWN P.S.- NAGAON SADAR P.O. AND DIST- NAGAON ASSAM PIN- 782001 5:SMTI. ANJU DAS D/O LATE CHANDRA DAS R/O MANSUKH DASS ROAD MAROWARIPATTI NAGAON TOWN P.S.- NAGAON SADAR P.O. AND DIST- NAGAON ASSAM PIN- 782001 6:SMTI. MAYA KUMARI DAS D/O LATE CHANDRA DAS R/O MANSUKH DASS ROAD MAROWARIPATTI NAGAON TOWN P.S.- NAGAON SADAR P.O. AND DIST- NAGAON ASSAM PIN- 78200 Advocate for the Petitioner : MR. T J MAHANTA, MR. A BORUA,MS. P BHATTACHARYA Advocate for the Respondent : MR. N M DUTTA(R1TO6), MR. S C KHOUND( R- 1To 6) :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 03.09.2026 Heard Mr. T.J. Mahanta, the learned senior counsel appearing for the petitioner. Also heard Mr. S. Khound, the learned counsel representing the Respondent Nos.1 to 6. Page No.# 3/4 2. This is an application under Article 227 of the Constitution of India relating to Misc.(J) Case No.07/2026 arising out of Title Execution Case No.22/2025 pending in the court of learned Civil Judge (Sr. Divn.), Nagaon. 3. In a suit for Specific Performance of Contract, the petitioner is the decree holder. The court executed the sale deed in her favour. When she was about to be handed over possession of the suit land by the Executing Court, the present respondent filed an application under Order 21 Rule 97 of the Code of Civil Procedure stating that they have been in possession of the said suit land with their residential house thereon and they are not bound by decree passed in favour of the present petitioner. 4. The learned executing court registered the said petition as Misc.(J) Case No.07/2026 and straightway recalled the warrant of possession. The court posted the said case for filing objection by the present petitioner. 5. The present revision petition has been filed praying for exercising the supervisory jurisdiction under Article 227 of the Constitution of India so that the Misc.(J) Case No.07/2026 is expeditiously disposed of within a short time. 6. Mr. Khound has submitted that he has no objection if the executing court is directed to dispose of the said proceedings within a stipulated period of time. 7. I have considered the submissions made by the learned counsels of both sides. 8. In Rahul S. Shah v. Jinendra Kumar Gandhi, (2021) 6 SCC 418, the Supreme Court has held as under: “42. All courts dealing with suits and execution proceedings shall mandatorily follow the below mentioned directions: 42.12. The executing court must dispose of the execution proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay.” 9. Therefore, going by the settled principle of law and by exercising the supervisory power of this Court under Article 227 of the Constitution of India, the executing court Page No.# 4/4 of the learned Civil Judge (Sr. Divn.), Nagaon is directed to dispose of Misc.(J) Case No.07/2026 within a period of 6(six) months from the date of receiving the copy of this order. The time of six months may be extended only by recording reasons in writing for such delay. With the aforesaid direction, the revision petition is disposed of. JUDGE Comparing Assistant