Page No.# 1/3 GAHC010067102026 2026:GAU-AS:7774 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/45/2026 DILDAR HUSSAIN SON OF LATE INDERCHAND BENGANI AND A RESIDENT OF SECOND FLOOR, HOUSE NO.5, WARD NO.7, MARWARI THAKUR BARI ROAD, BARPETA ROAD, IN THE DISTRICT OF BARPETA, ASSAM, PIN -781315 VERSUS BABULAL CHAJJER S/O LATE BIRDHICHAND CHHAJER, RESIDENT OF GOALPARA TOWN, P.O. AND P.S. GOALPARA, IN THE DISTRICT OF GOALPARA, ASSAM, 783101. Advocate for the Petitioner : MR. B D DEKA, MR A DEKA,MR A BHATRA,N CHAUDHURY,MR. M DAS Advocate for the Respondent : MR G BHARADWAJ, MR B DEORI BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 03.06.2026 Heard Mr. A. Deka, learned counsel for the petitioner and Mr. G. Bharadwaj, learned counsel for the sole respondent. 2. The petitioners herein are the sons of the deceased judgment- Page No.# 2/3 debtor in respect of judgment and decree dated 29.11.2001, passed in T.S. No.45/1978. However, as third party to the proceedings of T.Ex. Case No.12/13, the petitioners have appeared before the learned executing Court, i.e., before the learned Civil Judge (Junior Division) No.2, Goalpara by filing an application under Section 47 read with Order XXVI Rule 18 (a) of the CPC. 3. It appears from the documents appended to this application that the objection raised under Section 47 read with Order XXVI Rule 18 (a) CPC, which was filed by vide petition no. 14/26 was taken on board and by order dated 06.01.2026, the matter has been fixed for hearing as before. It has been submitted at the Bar that the next date of the proceedings of T.Ex.No. 12/13 is fixed on 18.06.2026. Therefore, the learned Civil Judge (Junior Division) No.2, Goalpara is requested to take up the objection and make an attempt to dispose of the same as early as possible. 4. In this application, the petitioners have prayed for setting aside the order dated 16.10.2025, passed by the learned executing Court, by which writ of delivery of possession was issued and the petitioners have also prayed for stay of the execution proceedings. 5. In the considered opinion of the Court, neither the order dated 16.10.2025 nor the proceedings of T.Ex. No.12/13 can be stayed by this Court in exercise of jurisdiction under Article 227 of the Constitution of India as there is no apparent perversity in the order dated 16.10.2025. 6. As the petitioners have filed an objection under Section 47, this Court refrains from making any observation as to the issue raised by the petitioners in petition no. 14/26, as it would highly prejudice either of the Page No.# 3/3 parties. As the said petition no. 14/26 is already slated for hearing on 18.06.2026, any adjudication by this Court at this stage under Article 227 of the Constitution of India is impermissible and accordingly, it is held that there is no good reason for this Court to interfere with the impugned order dated 16.10.2025 or to stay the proceedings of execution as the learned executing Court has already posted the matter for hearing on petition no.14/26. However, it shall be open for the petitioners to make such prayer before the learned executing Court. 7. Accordingly, in terms of the request made by the Court, the learned executing Court shall pass orders in accordance with law. 8. With aforesaid observations this application stands closed. 9. Nothing contained in this order shall prejudice any of the parties. JUDGE Comparing Assistant