Citation : 2021 Latest Caselaw 622 Tri
Judgement Date : 28 June, 2021
HIGH COURT OF TRIPURA
AGARTALA
CRP 33 of 2021
For Petitioner(s) : Ms. R. Purakayastha, Adv.
For Respondent(s) : Mr. A. Bhowmik, Adv.
HON'BLE MR. JUSTICE S. TALAPATRA
Order 28/06/2021
Ms. R. Purakayastha, learned counsel appearing for the petitioner
has candidly submitted that in view of the decision of this Court in Dulal Shil
vs Smt. Dali Shil [judgment dated 06.05.2021 delivered in
MAT.APP.15/2014], this petition under Article 227 is not maintainable.
In view of that, Ms. Purakayastha, learned counsel seeks leave
from this Court to withdraw the said petition with liberty to file the appeal.The
leave to withdraw is granted.
For purpose of record, this Court is inclined to note that this
petition was filed on 24.04.2021 and is being disposed of by this order as
withdrawn. In view of the decision of this Court in Dulal Shil vs Smt. Dali
Shil, this Court does not have any jurisdiction to entertain the present
petition being CRP 33/2021. In this perspective fact, the petitioner may prefer
an appeal against the judgment dated 25.03.2021 [Annexure-H to this
petition], if he is so inclined.
In terms of the above observation, this petition stands disposed of
as withdrawn.
Mr. A. Bhowmik, learned counsel appears for the sole-respondent.
At the request of Ms. R. Purakayastha, learned counsel appearing
for the petitioner, Registry is directed to return the certificed copy of the order
dated 25.03.2021 on keeping a photo copy of the said order with the record
within 2(two) days from today.
JUDGE
Sabyasachi B
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