Mr. Dr Choudhury vs None
2021 Latest Caselaw 822 Tri

                           HIGH COURT OF TRIPURA
                                   AGARTALA
                                  CRP 54/2021
         For Petitioner(s)       :    Mr. DR Choudhury, Sr. Advocate
                                      Mr. D. Deb, Advocate
         For Respondent(s)       :    None

HON'BLE MR. JUSTICE ARINDAM LODH Order 31/08/2021 Heard Mr. DR Choudhury, learned senior counsel assisted by Mr. D. Deb, learned counsel appearing for the petitioner. This is an application filed under Article 227 of the Constitution of India against the judgment & order dated 28.06.2021 passed by the learned Civil Judge (Sr. Division), North Tripura, Dharmanagar in case No. Civil Misc. (Violation) 26 of 2018 directing the Survey Commissioner and the police persons to demolish the obstruction in the pathway for enforcement of the order of the Hon'ble High Court dated 12.04.2021 passed in case No. FAO 02 of 2020 filed by the defendant OP petitioner arising out of the order in case No. Civil Misc. 46 of 2017 connected with case No. T.S. 15 of 2016.

When the matter has come up before this court, Mr. Choudhury, learned senior counsel has submitted that the decree and order has already been executed, but, in the process of execution of the said decree and order, the executors had demolished some portion of the building under the possession of the present revision petitioner. Mr. Choudhury, learned senior counsel has urged this court to pass an appropriate order in this regard.

Considered the submission of learned senior counsel. It is observed that if during the process of execution of the decree and order passed by the learned court, some portion of the building is demolished, then, the petitioner is at liberty to proceed with appropriate proceeding against the executors in accordance with law. With the aforesaid observation, the instant revision petition stands disposed of.

JUDGE

Saikat