CRP 113/2009 BEFORE THE HON’BLE SMT. JUSTICE A HAZARIKA The petitioner herein has challenged the order dated 26.02.2009, passed in Misc.(J) Case No.36/2008 arising out of Title Execution Case No.17/2007 by th e learned Munsiff No.1, Jorhat, whereby and whereunder the learned Court has rej ected the petition under Section 47 of Code of Civil Procedure filed by the peti tioner/defendant praying for declaring the decree passed in T.S. No.58/1996 as b eing not enforceable on the schedule property. Heard Mr. B C Das, learned Senior Counsel assisted by Ms. S. Roy, advocate appea ring for the petitioner. Mr. Das has vehemently urged that the order impugned is not sustainable in law w hich requires interference by this Court. I have perused the impugned order dated 26.02.2009, passed by the Executing Cour t along with the judgment and decree passed in T.S. No.58/1996 and judgment and order dated 08.12.2006 passed in RSA No.107/2006. Considering the entire facts, this Court is not inclined to interfere with the o rder impugned in the instant revision petition. The revision petition lacks merit and stands dismissed. At this stage, Mr. Das, learned Senior counsel has submitted that the petitioner is a petty businessman, who by constructing the house over the disputed plot of land measuring 9 lechas only residing since more than 24 years along with his f amily consisting of ten members. All of them are staying in the same house. Mr. Das, therefore, submits that the petitioner may be allowed to stay in the su it house for a period of atleast six months till he arranges for his accommodati on in some other place. Considering the prayer so made, it is directed that the petitioner shall give an undertaking before the Executing Court that he will hand over the vacant posses sion of the suit premises to the land owner/opposite party No. I on the expiry o f three months from today. Till then execution of the decree shall remain stayed . It is also made clear herein that if the petitioner fails to hand over the vacan t possession after expiry of the aforesaid period of three months, the Executing Court will proceed in accordance with law.