CRP 117/2006 BEFORE THE HON’BLE MR. JUSTICE IA ANSARI By the impugned order, dated 30-09-2000, passed by the learned Civil Jud ge (Sr. Divn.) No. 1, Kamrup, Guwahati, in Title Execution Case No. 04/2000, whi ch arose out of Title Suit No. 117/1999, the petitioners, who are decree holders in the said execution proceeding, as well as the opposite parties herein were d irected to maintain status quo in respect of the subject-matter, as on 30-09-200 0, until further order. Aggrieved by this order, the decree holders-petitioners have impugned the same by making this application under Article 227 of the Const itution of India. Heard Mr. SP Roy, learned Senior counsel for the petitioners, and Mr. R Sarma, l earned counsel for the opposite party. The respondents-opposite parties, namely, Md. Khalil Sheikh and Smt. Halima Khat oon, were, admittedly, not parties to the decree, in question, which was sought to be executed. They made an application under Order IX Rule 13 for setting asid e the said decree. While the said application was still pending, an application was made by the respondents-opposite parties aforementioned, under Sections 151/ 144 CPC, praying for directions to be given to the parties concerned to maintain status quo in respect of the subject-matter of dispute and it is pursuant to th is application that the impugned order was passed. Apart from the fact that Sect ion 144 was not applicable to the present case, the said application was neither verified nor was supported by any affidavit. In the circumstances as indicated above, there was no material before the learne d executing Court, which could enable it to pass an order in the manner as has b een done in the present case. Viewed thus, the impugned order, dated 30-09-2000, it is clear, is wholly against the law and cannot be allowed to survive. Because of what have been discussed and pointed out above, the impugned order, d ated 30-09-2000, is hereby set aside. The respondents-opposite parties herein is , however, given the liberty to take recourse to the appropriate provisions of l aw for remedy of their grievance, if any. This case shall stand disposed of in terms of the above observations and directi ons. No order as to costs.