CRP 239/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY The opposite party in Title Execution Case No.7/2010 initiated by the pr esent respondent, has challenged the order dated 01.06.2011 passed by the learne d Civil Judge, Dibrugarh, in Misc.(J) Case No.12/2011 arising out of the said Ti tle Execution case, whereby and whereunder while passing the order of attachment of the property of the present petitioner, the records of the said proceedings along with the proceeding of Title Execution Case No.8/2008 were directed to be sent to the learned District Judge, Dibrugarh. I have heard Mr. C. Baruah, learned Sr. counsel for the petitioner as we ll as Mr. N.C. Das, learned Sr. counsel appearing for the respondent. Mr. Baruah, learned Sr. counsel for the petitioner submits that since Ti tle Execution Case No.7/2010 has been instituted by the present respondent and M isc.(J) Case No.12/2011 has been filed by the present petitioner questioning the maintainability of the said Title Execution proceeding, the learned Civil Judge ought to have decided the said application being Misc.(J) Case No.12/2011 and o ught not to have sent the records to the Court of learned District Judge, as the re is no order passed calling for the said records in connection with Misc.(J) C ase No.12/2011. It has also been submitted that in any case the learned Civil Ju dge ought not to have passed the order of attachment of the property of the peti tioner and sent the case records without deciding the objection in Misc.(J) Case No.12/2011. Mr. Baruah, therefore, submits that necessary direction to decide t he Misc.(J) Case No.12/2011 may be passed. Mr. Das, learned Sr. counsel appearing for the respondent submits that h e has no objection if the said objection in Misc.(J) Case No.12/2011 is heard an d decided. It appears that by the order dated 01.06.2011 the records of Title Execu tion Case No.7/2010, Misc.(J) Case No.12/2011 and Title Execution Case No.8/2008 were directed to be send to the Court of the learned District Judge, Dibrugarh, even though there is no order passed calling for the said records. The learned Civil Judge has sent the said records after passing of the order of attachment o f the property of the petitioner. Having filed the objection questioning the mai ntainability of the Title Execution Case No.7/2010, the same ought to have been decided by the learned Executing Court and records ought not to have sent to the learned District Judge without any order calling for the said records. In view of the above, the revision petition is disposed of directing the learned Civil Judge, Dibrugarh to decide the Misc.(J) Case No.12/2011 filed by the present petitioner, whereby and whereunder the maintainability of the Title Execution Case No.7/2010 is questioned and to pass necessary order after hearing the parties. The revision petition is accordingly disposed of. No costs.