Mr. D. R. Chowdhury vs None
2021 Latest Caselaw 579 Tri

                          HIGH COURT OF TRIPURA
                                AGARTALA

                               CRP 40 of 2021

For Petitioner(s)               : Mr. D. R. Chowdhury, Sr. Adv.
                                  Mr. D. Deb, Adv.
For Respondent(s)               : None.

HON'BLE MR. JUSTICE S. TALAPATRA

Order 01.06.2021

Heard Mr. D. R. Chowdhury, learned senior counsel assisted

by Mr. D. Deb, learned counsel appearing for the petitioner.

By means of this petition filed under Article 227 of the

Constitution of India, the judgment dated 03.02.2021 delivered in Misc.

Civil (Appeal) No. 15 of 2019 by the Additional District Judge, Court

No.5, West Tripura, Agartala also has been challenged. Mr. Chowdhury,

learned senior counsel has submitted that the case of the plaintiff-

respondents in brief is that the petitioners herein are in possession of

the suit land by illegal means. Even the basic prayer in the suit is to

recover the suit land (Scheduled B of the plaint) from the petitioners

herein. In Para 11 of the plaint, the plaintiff-respondents have stated

that on this situation the plaintiffs returned home and communicated

with the elite persons of the locality. The elite persons also requested

the defendants No.1, 2, 3 & 4 for vacating the suit land but they did not

remove the structures inspite of giving assurance. On 30.11.2018, the

plaintiff again went to the house of defendants no. 1, 2 3 & 4 and

requested them for removing the pandal and hut which were

constructed illegally by the club authority but unfortunately the club

authority became very furious and started telling the plaintiffs that they

will be kicked out from the locality, if they demand vacation further.

There is no statement that the plaintiffs were in possession

of the suit land descried in Schedule B which is a part of Schedule A

land. On the basis of such statement how the courts below could pass

an order of temporary injunction restraining the defendants No. 1, 2, 3

and 4, is a matter of serious concern to Mr. Chowdhury, learned senior

counsel.

Issue notice calling upon the respondents to show cause as

to why this revision petition shall not be allowed, as prayed for; and/or

why such further and other order(s) shall not be passed as to this Court

may deem fit and proper.

Notice is made returnable on 14.07.2021.

Steps for service of notice on the respondents be taken by

the petitioners by registered post with AD within three days from today.

In the meanwhile, the judgment dated 02.03.2021 as

delivered in Civil Misc (Appeal) 15 of 2019 by the Additional District

Judge, Court No.5, West Tripura Agartala as well as the judgment and

order dated 06.09.2019 as delivered in the case No.Misc (J) 17 of 2019

passed by the Civil Judge (Jr. Division), Court No.2, West Tripura,

Agartala shall remain suspended.

JUDGE

Dipak