Abul Hussain Laskar vs Md. Moin Uddin Laskar And Ors

Heard Mr. D. Chakrabarty, the learned counsel for the petitioner.

It is submitted by the learned counsel that the petitioner is enjoying the decree of right, title and interest along with the decree of permanent injunction

in respect of the decreetal land being passed in Title Suit No. 7/2001 in the court of then learned Civil Judge (Jr. Division) No. 1, at Silchar against the

respondent No. 1. It is further submitted that the respondent No. 1 who was a party in the T.S No.7/2001 along with the other persons who were also

restrained permanently by injunction in a separate suit in respect of same land dispossessed the petitioner. Though the petitioner filed Title Execution

Case No. 42/2017, the same was finally closed upon satisfaction of decree of cancellation of registered sale deed No. 1762 dated 15.06.1999 by the

concerned Sub-Registrar, Cachar. The prayer made in this petition is for a direction for reopening of the said Title Execution No. 42/2017 in the court

of learned Munsiff No. 2, Cachar at Silchar.

In my considered opinion this court is not the proper forum keeping in view the contention of the learned counsel for the petitioner, instead the

petitioner has the option to approach the executing court seeking for enforcement of the decree of permanent injunction which would cover the

recovery of possession etc. In view of the same, the petitioner is granted the liberty to withdraw this revision petition and approach the appropriate

forum accordingly.

This revision petitioner stands disposed of on withdrawal.