Gauhati High Court
Liton Saha And 2 Ors vs Manik Saha And Anr on 7 July, 2026
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GAHC010140222026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/301/2026
LITON SAHA AND 2 ORS.
S/O LT. KHITISH CHANDRA SAHA, VILL- NAGAJAN, WARD NO. 8, GOPAL
NAAGAR, MOUZA- PASCHIM SIALMARI, P.O. AND P.S.- KHARUPETIA,
DIST- DARRANG, ASSAM, PIN- 784115
2: BIDYUT SAHA
S/O LT. KHITISH CHANDRA SAHA
VILL- NAGAJAN
WARD NO. 8
GOPAL NAAGAR
MOUZA- PASCHIM SIALMARI
P.O. AND P.S.- KHARUPETIA
DIST- DARRANG
ASSAM
PIN- 784115
3: SMTI. PINKY SAHA
D/O LT. KHITISH CHANDRA SAHA
VILL- NAGAJAN
WARD NO. 8
GOPAL NAAGAR
MOUZA- PASCHIM SIALMARI
P.O. AND P.S.- KHARUPETIA
DIST- DARRANG
ASSAM
PIN- 78411
VERSUS
MANIK SAHA AND ANR
S/O LT. LAL MOHAN SAHA, VILL- NAGAJAN, WARD NO. 8, GOPAL
NAAGAR, MOUZA- PASCHIM SIALMARI, P.O. AND P.S.- KHARUPETIA,
DIST- DARRANG, ASSAM, PIN- 784115
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2:URMILA SAHA
D/O LT. LAL MOHAN SAHA
R/O UDALGURI
RAM KRISHNA PALLI
P.O. AND P.S.- UDALGURI
DIST- UDALGURI
BTR
ASSAM
PIN-78450
Advocate for the Petitioner : MR C GOSWAMI,
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
07.07.2026
Heard Mr. C. Goswami, learned counsel for the petitioners.
2. This application under Article 227 of the Constitution of India has been filed by
the petitioners impugning the Order dated 27.03.2026 passed in Title Execution Case
no. 14/2013 by the Court of learned Civil Judge (Junior Division) no. 2, Darrang,
Mangaldai whereby the petition filed by the present petitioners under Order XXVI Rule
9 read with Section 47 and Section 151 of the Code of Civil Procedure, 1908 for
appointment of Amin Commissioner for proper identification of the decreetal land
which was rejected by the Executing Court.
3. The learned counsel for the petitioners has submitted that the decree sought to
be executed in the afore-mentioned execution case is a compromise decree which was
obtained in Title Suit no. 15/1986. It is submitted that after passing of the decree, the
present petitioners have purchased two separate plots of land which is contiguous to
the decreetal land and unless the decreetal land is properly identified before executing
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the decree, it would cause grave prejudice to the present petitioners.
4. Issue notice to the respondents.
5. The petitioners shall take steps for issuance of notice upon the respondents by
speed post as well as by usual process returnable on 05.08.2026.
6. In the meanwhile, considering the averments made in this revision petition as
well as the submissions made by the learned counsel for the petitioners, further
proceedings of Title Execution Case no. 14/2013 shall remain stayed till the next
returnable date.
7. List the matter on 05.08.2026.
JUDGE
Comparing Assistant
