BASANTA DAS Vs. SUBHAN CHANDRA SARMA
HIGH COURT OF GAUHATI
Subhan Chandra Sarma
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(1.) Heard Mr. N.N. Karmakar, learned counsel for the petitioner. Also heard Mr. R.K. Bhuyan, learned counsel, appearing for the respondent No.1/decree-holder. None appears for the respondent No.2.
(2.) By this application under Article 227 of the Constitution of India, the petitioner prays for the following reliefs:-
"(a) quash and set aside the impugned order dated 05.03.2014 (Annexure-2) passed in T.Ex.4/2013 by the Court of Munsiff No.1, Kamrup (M), Guwahati;
(b) set aside the impugned order dated 12.9.2017 (Annexure-6) passed in Misc. (J) Case No. 81/2017 in T.Ex.4/2013 by the Court of Munsiff No.1, Kamrup (M), Guwahati;
(c) set aside the impugned order dated 12.09.2017 (Annexure-7) passed in T.Ex.4/2013 by the Court of Munsiff No.1, Kamrup (M), Guwahati;
(d) remand the proceedings to re-decide the application dated 23.05.2013 of the respondent No.1 decree-holder by treating it to be one under Order 21, Rule 97 for removal of obstruction of the petitioner and after hearing the decree-holder as well as the petitioner to adjudicate the claim of the petitioner and to pass appropriate orders under Order 21, Rule 97, sub-rule (2) CPC read with Order 21, Rule 98 CPC.
(e) pass any such other and further order/orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
AND For the interim relief, it is most respectfully prayed that this Hon'ble Court, for the ends of justice, may graciously be pleased to stay the operation of the impugned order dated 12.09.2017 (Annexure-7) passed in T.Ex.4/2013 by the Court of Munsiff No.1, Kamrup (M), Guwahati pending final disposal of the instant petition."
(3.) An affidavit is also filed by the respondent No.1 opposing this application.;
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