Page No.# 1/4 GAHC010254442025 2026:GAU-AS:2173 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/504/2025 SMTI LUNA KAILITA RESIDENT OF BAROHOLIA, MOUZA- MAHABHAIRAB, DIST. SONITPUR, ASSAM VERSUS SMTI KIRAN BARUAH ALIAS KIRAN BARUAH BAISHYA W/O- LATE ISHAN BARUAH, RESIDING AT FC ROAD, UZAN BAZAR, HOUSE NO. 589, NEAR LATASHIL FIELD, P.O. UZANBAZAR, GUWAHATI, THROUGH HER ATTORNEY AND SON IN LAW SRI SWAPNIL BHARALI, R/O- FLAT NO. 502, MAGHAMALLAR NRJT-II, KHARGULI ROAD, KHARGULI, GUWAHATI-781004. Advocate for the Petitioner : DR P C MAZUMDAR, MR T MAZUMDAR Advocate for the Respondent : MR. A DHAR, A WAHID,MD F FARIDI BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 12-02-2026 Heard Mr. T. Mazumdar, learned counsel for the petitioner and Mr. A. Dhar, learned counsel for the respondent. 2. This civil revision petition, under Article 227 of the Constitution of India read with Section 115 of the CPC, is preferred by the petitioner for granting Page No.# 2/4 following reliefs:- (i) To call for the records of the Title Execution Case No. 11/2022, pending before the court of learned Civil Judge, Sonitpur at Tezpur; (ii) To set aside the notice to the bailiff ‘WRIT’, dated 05.06.2025, passed by the learned Civil Judge (Senior Division), Sonitpur at Tezpur, in Title Execution Case No. 11/2022; (iii) To set aside and quash the proceeding of the Title Execution Case No. 11/2022, on the basis of the trial court decree, dated 31.05.2022, in Title Suit No. 05/2018; (iv) To direct the executing court to execute the decree strictly in terms of the appellate decree, dated 03.05.2023, passed by the learned District Judge, Sonitpur at Tezpur, in Title Appeal No. 01/2022, after application being filed by the respondent. 3. Mr. Mazumdar, learned counsel for the petitioner submits that the petitioner is aggrieved for issuance of the WRIT, dated 05.06.2025, for execution of the decree, dated 31.05.2022, passed by the learned Civil Judge, Sonitpur at Tezpur (trial court, for short), in Title Suit No. 05/2018. 3.1. Mr. Mazumdar further submits that after the decree, dated 31.05.2022, being passed in Title Suit No. 05/2018, the petitioner herein had preferred an appeal, being Title Appeal No. 01/2022, before the learned District Judge, Sonitpur at Tezpur (appellate court, for short) and the learned District Judge, vide decree dated 03.05.2023, had affirmed the decree so passed by the learned trial court. Further, the learned District Judge has modified the decretal amount to the extent that the respondent is entitled to rent @ Rs. 11,000/- per month with effect from 12.07.2017. However, the learned trial court had issued Page No.# 3/4 the WRIT for recovery of the amount as the decree so passed by it. 3.2. Mr. Mazumdar also submits that the petitioner had filed one application before the learned executing court, in Title Execution Case No. 11/2022, which was registered pursuant to the judgment and decree so passed by the learned appellate court and since the amount has been modified by the learned appellate court in the decree so passed on 03.05.2023, the WRIT ought to have been issued to execute the aforementioned decree dated 03.05.2023, so passed by the learned appellate Court. However, the application could not be persuaded before the learned executing court. 4. At this stage, Mr. Dhar, learned counsel for the respondent, has not controverted the submission of Mr. Mazumdar, the learned counsel for the petitioner. Mr. Dhar further submits that the respondent has no objection if this petition is disposed of by allowing the prayer No. (iv) of the petitioner and by directing the learned Civil Judge, Sonitpur at Tezpur (executing court, for short), to consider and dispose of the application dated 14.07.2023, in accordance with law. 5. At this stage, Mr. Mazumdar, learned counsel for the petitioner submits that this matter may be disposed of by remanding the matter to the learned executing court to consider the application, dated 14.07.2023, being filed by the petitioner herein and thereafter, to proceed with the execution case in accordance with law. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the WRIT, dated 05.06.2025, issued by the learned executing court. Page No.# 4/4 7. As stated herein above the prayer No.(iv) of the petitioner is to direct the executing court to execute the decree strictly in terms of the appellate decree, dated 03.05.2023, passed by the learned District Judge, Sonitpur at Tezpur, in Title Appeal No. 01/2022, after application made by the respondent. 8. And in view of the submissions of the learned counsel for both the parties and also considering the facts and circumstances on the record, and as agreed upon by both the parties, this Court is inclined to dispose of this petition by allowing the prayer No.(iv) of the petition. The learned executing Court is directed to execute the decree strictly in terms of the appellate decree, dated 03.05.2023, passed by the learned District Judge, Sonitpur at Tezpur, in Title Appeal No. 01/2022, after application made by the respondent. 9. The parties are directed to appear before the learned executing court on or before 27.02.2026. JUDGE Comparing Assistant