CRP 357/2009 BEFORE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr DP Chaliha, learned senior counsel assisted by Mr M. Rana, lear ned counsel appearing for the petitioners. The instant revision petition has been filed under Article 227 of the Co nstitution of India challenging the legality and validity of the order dated 4.9 .2009 passed by the learned Executing Court in Title Execution Case No. 05(k)/20 08 whereby and whereunder the petition filed by the decree holder/revision peti tioner under Order XXVI Rule 9 read with Section 151 of CPC praying for appointm ent of Survey Commission for the purpose of identification of the decreetal pr operty has been dismissed. I have perused the impugned order dated 4.9.09 passed by the Executing C ourt. From a perusal of the impugned order, I have found that the ground shown by the learned court for rejection of prayer of the petitioner for appointing S urvey Commission for the purpose of identification of the decreetal land for exe cution of the decree and for delivery of possession of decreetal land was not a proper ground as shown for rejection of the petition inasmuch as while rejecting the prayer for appointing Commission, the Court is to see whether the same resu lted in perpetration of injustice to the petitioner. In view of the same, the impugned order is found to be not sustainable in law and which is thus set asi de and quashed with a direction to the Executing Court to reconsider the petitio n filed by the petitioner under Order XXVI Rule 9 praying for appointment of a S urvey Commission. The learned Executing Court will hear the matter afresh and pa ss order accordingly. This has to be done within a period of three (3) weeks fro m the date of receipt of the certified copy of this order. The revision petition is accordingly allowed and disposed of.