Page No.# 1/6 GAHC010024702026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/26/2026 KANAI LAL BANIK SON OF LATE GOVINDA CHANDRA BANIK, A RESIDENT OF CENTRAL ROAD, SILCHAR TOWN, P.O. SILCHAR, P.S. SILCHAR, PIN-788001, DIST- CACHAR, ASSAM VERSUS ON THE DEATH OF TRASFEROR BHANUMATI LALA, HER TRANSFEREES, AMRARESH SINGH AND ORS. S/O LATE ISWAR DAYAL SINGH, R/O EAST NARSINGH ROAD, AMBICAPATTY, SILCHAR TOWN, P.O.- SILCHAR, P.S.- SILCHAR, PIN- 788004, DIST- CACHAR, ASSAM 2:SMT. MONIKA SINGH WIFE OF SRI AMARESH SINGH RESIDENT OF EAST NARSINGH ROAD AMBICAPATTY SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN-788004 DIST- CACHAR ASSAM 3:HRITESH SRIVASTAVA SON OF LATE MOHHENDRA LAL SRIVASTAVA A RESIDENT OF ITKHOLA SILCHAR TOWN P.O. MALUGRAM P.S. SILCHAR PIN-788002 DIST- CACHAR ASSAM 4:HIMANGSHU RANJAN DEB Page No.# 2/6 SON OF LATE HARISH CHANDRA DEB A RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S SILCHAR PIN-788001 DIST- CACHAR ASSAM 5:RAJENDRA KUMAR SAMSUKHA SON OF LATE ABHAY CHANDRA SAMSUKHA A RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN-788001 DIST- CACHAR ASSAM 6:BORNALI MAZUMDER DAUGHTER OF SRI RAMAKANTA MAZUMDER RESIDENT OF KALAINN BAZAR P.O. KALAIN BAZAR P.S. KALAIN PIN- 788 DIST- CACHAR ASSAM 7:GOURA CHAKRABORTY SON OF LATE GISPATI NARAYAN CHAKRABORTY A RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN-788001 DIST-CACHAR ASSAM 8:ON THE DEATH OF MOHAN LAL LALA HIS LEGAL HEIRS MOTI LAL LALA SON OF LATE MOHAN LAL LALA RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN- 788001 DIST- CACHAR ASSAM Page No.# 3/6 9:MONOJ LALA SON OF LATE MOHAN LAL LALA RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN-788001 DIST- CACHAR ASSAM 10:DIPAK LALA SON OF LATE MOHAN LAL LALA RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN-788001 DIST- CACHAR ASSAM 11:SMTI. REETA LALA (BHUIYA) DAUGHTER OF LATE MOHAN LAL LALA RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN-788001 DIST- CACHAR ASSAM 12:SMT. RINA LALA (BHATTACHARJEE) DAUGHTER OF LATE MOHAN LAL LALA RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN-788001 DIST- CACHAR ASSAM 13:SMT. MINA LALA (SRIVASTAVA) DAUGHTER OF LATE MOHAN LAL LALA RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN-788001 Page No.# 4/6 DIST- CACHAR ASSAM 14:SMT. BINA LALA DAUGHTER OF LATE MOHAN LAL LALA RESIDENT OF CENTRAL ROAD SILCHAR TOWN P.O. SILCHAR P.S. SILCHAR PIN-788001 DIST- CACHAR ASSA Advocate for the Petitioner : MR. S D PURKAYASTHA, MR A BHATRA,MR A DEKA,N CHAUDHURY,MR. M DAS,MR. B D DEKA,J P BAISHYA,MR. JITU SAIKIA Advocate for the Respondent : MS ANKITA SAHARIA(R-1 TO 5,7,8,10,12,13,14), MS D.CHAKRABARTY(R1TO7),MR. D CHAKRABARTY(R1TO7),MR S CHOUDHURY(R10,12,13,14),MR. A BHATTACHARYA(R-1 TO 5,7),MR S PAUL(R-1 TO 5,7,8,10,12,13,14) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 07.04.2026 Heard Mr. B.D. Deka, learned counsel for the petitioner; Mr. D. Mazumdar, learned senior counsel assisted by Mr. S. Biswas, learned counsel for the respondent Nos. 1 – 7; and Mr. S. Choudhury, learned counsel for the respondent Nos. 8 – 14. 2. In this petition, under Article 227 of the Constitution of India, the petitioner has challenged the order dated 29.01.2026, passed by the learned Civil Judge (Senior Division) No. 2, Cachar at Silchar (executing court hereinafter), in Misc. (J) Case No. 19/2026, arising out of Title Execution Case No. 04/2012. 3. Mr. Deka, learned counsel for the petitioner submits that he is engaged recently in this matter and he needs some time to go through the record and Page No.# 5/6 therefore, he prays for listing of the matter after vacation. 4. However, Mr. Mazumdar, learned senior counsel for the respondent Nos. 1 – 7, submits that the petitioner herein has been enjoying the order of stay granted by this Court. But, the same was obtained suppressing material facts. 4.1. Mr. Mazumdar further submits that the respondents are the decree holders, who have instituted the title execution case, being Title Execution Case No. 04/2012, more than 14 years back, but the decree could not be executed till date on account of filing of different petition by the petitioner herein at different point of time and thereby, the execution of the decree is delayed. 4.2. Mr. Mazumdar also submits that the petitioner herein has filed a petition, being Petition No. 16/13, under Order 21 Rule 97, 99, 100 and 101 read with Section 151 of the CPC, for declaration of his tenancy rights along with other reliefs, wherein the respondents herein had filed their written objection regarding maintainability of the said petition. But, without the same being disposed of, the petitioner herein has approached this Court by filing the present petition by misrepresenting the facts. Therefore, Mr. Mazumdar has contended that the matter may be remanded to the learned executing court to dispose of the petition filed by the petitioner herein and the objection filed by the respondents herein before the learned executing court, regarding maintainability of the said petition. 5. However, Mr. Deka, learned counsel for the petitioner submits that the learned executing court has already issued one WRIT and in the event of execution of the said WRIT, the petition filed by the petitioner herein before the learned executing court would become infructuous and on such count, the petitioner herein has approached this Court for staying the further proceeding. 5.1. Mr. Deka also submits that he has no objection in the event of remanding the matter back to the learned executing court extending the stay granted by this Page No.# 6/6 Court, vide order dated 13.02.2026, till disposal of the petition filed by the petitioner herein as well as the objection filed therein by the respondents herein before the learned executing court. 6. But, Mr. Mazumdar, learned senior counsel for the respondent Nos. 1 – 7 and Mr. Choudhury, learned counsel for the respondent Nos. 8 – 14, submit that till disposal of the petition filed by the petitioner herein before the learned executing court, the decree would not be executed and they will not press for execution of the same. 6.1. Mr. Mazumdar has assured this Court that till disposal of the petition filed by the petitioner herein before the learned executing court, the WRIT will also not be executed. 7. In view of the aforesaid submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the learned executing court to dispose of the petition filed by the petitioner herein, under Order 21 Rule 97, 99, 100 and 101 read with Section 151 of the CPC and also the objection filed therein by the respondents herein, before 30.04.2026. 8. Since, Mr. Mazumdar, learned senior counsel for the respondent Nos. 1 – 7 and Mr. Choudhury, learned counsel for the respondent Nos. 8 – 14, have assured this Court that till disposal of the petition filed by the petitioner herein before the learned executing court they will not insisted upon the learned executing court to execute the WRIT, the interim order passed by this Court, vide order dated 13.02.2026, stands vacated. 9. In terms of this petition stands disposed of, leaving the parties to bear their own costs. JUDGE Comparing Assistant